The vertical extension of the domain and the accesion

Abstract

The vertical extension of the domain, i.e. how far the owner's powers extend into the subsoil and the top of his property, is a question that has evolved from Roman law to the present day. But, in spite of the fact that today the vertical extension is much more restricted, it cannot be forgotten that it still exists and that the owner is as much of the ground as of what is above and below it. For this reason, any occupation or possession by another of these spaces implies an interference in the property of others from which the owner can defend himself, as long as he continues to preserve his property. In this paper we will analyse, in the light of case law, what is this vertical domain scope, what are its limitations and how he can keep it or lose it,  attending mainly to the possibility of alleging the “inverted accession” downwards, to obtain the dominance of a part of an invaded subsoil.