He Who Owns Land Owns To the Sky Above It Law and Legal Definition
‘He who owns land owns to the sky above it’ is a maxim which is qualified as between adjoining owners, giving way to a rule of convenience more just, equitable, and beneficial to both parties.
A tree standing on the division line between adjoining proprietors, so that the line passes through the trunk or body of the tree above the surface of the soil, is the common property of both proprietors as tenants in common. This is an instance where the maxim, "he who owns land owns to the sky above it," is qualified and made to give way to a rule of convenience more just and equitable, and more beneficial to both parties. [Cathcart v. Malone, 33 Tenn. App. 93 (Tenn. Ct. App. 1950)].