2 replies to this topic

[LEEFUCHEN]

hi, all

Recently, one of my friends asked me for the realty of the US. He is reading a book <美国也荒唐> published by a Chinese American Shen Qun(沈群), who has studied at Southern Illinois University in 1990s.

The book writes that "All the realty of the US is freehold. " And when the author of the book was in China to promote his new book, he took questions in front of many netizens.

"The realty of the US is both a freehold and the sky above a realty; the underground of a realty within 800 meters, all those are both belong to property owner," he said.

He added that only the sky above a certain altitude is state-owned, and on the other hand, all the petroleum and other natural minerals within 800 meters are belong to property owner.

Nobody was doubtful what he said, and many news networks like Fox,CNN in China were reported those things, but I think his statements are maybe questionable.

So, I 'd like to know if the circumstances are correct or things didn't turn out like that?

Thanks...

[adjusterjack]

It's amazing how anybody can reduce something as complicated as real estate to one or two sentences and be partially right and partially wrong in their conclusions.

Start with the following resources and then continue your research from there:

https://en.wikipedia.../Mineral_rights

https://en.wikipedia..._(real_property)

https://en.wikipedia...undle_of_rights

https://en.wikipedia...wiki/Air_rights

[timothy_kassounilaw.com]

Property interests are typically defined by state law, with the exception of constitutional property rights under the fifth amendment. Generally the owner of fee title has above ground and underground subsurface mineral ownership rights. However the chain of title must be examined, as well as state laws. Even if underground rights exist, state environmental and zoning laws can prevent the extraction of subsurface mineral and oil.

Edited by FindLaw_AHK, 04 January 2013 - 07:39 AM.
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