Legal Question in Real Estate Law in California

In a theoretical sense this is true. Hoever, if anyone ever tried to make use of his or her property to great heights or depths, he or she would quickly discover that the ownership rights are pretty much only in theory. For example, deep drilling or excavation would require difficult-to-obtain permits, and the aviation authorities have shown over and over in court that airplanes have priority over structures, etc. in most areas above customary building elevations.

In many cases the instrument or subdivision documents that created your parcel have reservations of rights also. When subdivisions are built over oil fields in Southern California, for example, the developers did not sell the oil rights with the tract homes.