Why did modern legal systems limit a landowner’s control over the air above private property?

Modern legal systems have moved away from the absolute interpretation of the maxim Cujus est solum ejus est usque ad coelum et ad inferos ("he who owns the land owns what is above and below it") to accommodate the practical realities of modern life, particularly the advent of aviation.1

Rather than granting landowners infinite control over the airspace above their property, many jurisdictions—including those governed by the German Civil Code and the Swiss Civil Code—have adopted a functional approach. This limits an owner's rights to the height and depth necessary for the reasonable enjoyment of their land.1

This shift was driven by the necessity of balancing individual property rights with public interests, such as the aeronautical regulations that allow aircraft to fly over private property during normal flight. Furthermore, legal systems prioritize the "give-and-take" required in an increasingly crowded world, where nuisance law and judicial doctrines like the "abuse of rights" prevent landowners from using their property solely to interfere with others.12