How does the legal principle that landowners own the space above their land apply to aviation?

The traditional legal maxim Cujus est solum ejus est usque ad coelum et ad inferos ("he who owns the land owns what is above and below it") is no longer applied literally in modern air law. While historically significant, courts and civil codes—such as the German Civil Code and Swiss Civil Code—have adopted a functional approach, limiting property rights to the height necessary for the reasonable enjoyment of the land.1

Regarding aviation, legal systems generally grant aircraft immunity to fly over private property during normal flight, provided they adhere to aeronautical regulations. This immunity is restricted to the mere passage of the aircraft; it does not protect operators from liability for damages or significant encroachments, such as excessively low flights that impair the use or enjoyment of the land. Furthermore, while some jurisdictions provide specific legal immunities for airport operations, owners and users remain liable for disturbances like noise or vibration if they fail to comply with established safety and operational regulations.12