Simplified Question: What is the extent of ownership rights in terms of vertical space above and below a property in the Philippines?

Introduction

Ownership of property includes not just the surface area but also extends vertically above and below the land. In the context of the Philippines, understanding the extent of these rights is crucial for various reasons, including construction, mineral rights, and airspace regulations. This article delves into the legal parameters of vertical ownership rights.

Upwards: Airspace Rights

In the Philippines, property ownership includes the airspace above the land, but this right is not absolute. The Civil Code of the Philippines, under Article 437, states that the owner of a parcel of land has the right to the airspace above it but subject to limitations imposed by law, public interest, and the rights of others. This implies that while a property owner can utilize the airspace for structures and improvements, such use should not infringe upon regulations concerning air travel and public safety.

Key Points:

Property owners can build structures such as buildings or towers up to a reasonable height.
Airspace rights are subject to the Air Navigation Act and regulations by the Civil Aviation Authority of the Philippines (CAAP), ensuring that constructions do not interfere with air traffic.
There may also be local zoning laws and building codes that impose height restrictions on structures to ensure safety and aesthetic conformity.

Downwards: Subsurface Rights

The rights to the subsurface, or the area beneath the land, are also significant. These include rights to minerals, groundwater, and other resources. However, similar to airspace, these rights come with restrictions.

Key Points:

Under the Civil Code, the owner of a piece of land also owns what is directly beneath it, including the subsoil and all natural deposits.
The Philippine Mining Act of 1995 and other related regulations provide the framework for the exploration, development, and utilization of mineral resources. While landowners have rights to the surface and certain subsurface levels, mineral rights can be subject to government permits and regulations.
Groundwater rights are governed by the Water Code of the Philippines, which ensures that the extraction and use of groundwater comply with national water resource policies to prevent over-extraction and ensure sustainable use.

Limitations and Governmental Authority

While property owners have extensive rights over their land, including the airspace and subsurface, these rights are not without limits. The government retains the authority to regulate these rights to serve public interest, safety, and welfare.

Regulatory Bodies and Legal Framework:

Civil Aviation Authority of the Philippines (CAAP): Regulates airspace use to ensure the safety of air navigation.
Department of Environment and Natural Resources (DENR): Oversees the extraction and management of natural resources, including minerals and groundwater.
Local Government Units (LGUs): Enforce zoning laws and building codes that affect how high structures can be built and how land can be used.

Conclusion

In the Philippines, property ownership rights extend both upwards into the airspace and downwards into the subsurface. However, these rights are subject to various legal limitations and regulations designed to balance individual property rights with public interest and safety. Property owners must navigate these regulations to fully utilize their property while complying with national laws and local ordinances. Understanding these parameters is essential for effective land use and development in the country.