were quickly adopted and repeated by American courts and legal scholars.īeginning with the 1797 decision in State v. It was said that "no other book except the Bible has played so great a role" in shaping American institutions, and many of Blackstone's ideas, including Cuius est solum. It gained wider popularity in Commentaries on the Laws of England (1766), a treatise by judge and jurist William Blackstone.Ĭommentaries was highly regarded as a leading work on the development of English law and was influential in the development of the American legal system. It made its way to England and was first used in the English-speaking world by Sir Edward Coke, an Elizabethan-era lawyer/judge/politician. But has that held up in court over the years?ĭespite the Latin phrasing, the principle was not a part of classical Roman law, and is usually attributed to the 13th-century Italian scholar Accursius. Cuius est solum, eius est usque ad coelum et ad inferos means "whoever owns the soil, it is theirs up to Heaven and down to Hell." This property right principle asserts that a person who owns a particular piece of land owns everything directly above and below that piece of land, no matter the distance, and can prosecute trespassers who violate their border on the surface, underground and in the sky.
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