What is true regarding air rights and land ownership?

In the context of air rights and land ownership, the statement that a landowner does not need to touch the surface to infringe on air rights is accurate. Air rights refer to the right of a landowner to control, use, or enjoy the space above their land. Legally, this means that landowners hold rights to a certain vertical space above their property, which can be infringed upon by various activities occurring above that space, such as construction or the flight of aircraft.

This principle acknowledges that the extent of land ownership extends not only to the physical land surface but also into the airspace above it, up to a certain altitude that is considered reasonable and subject to regulation. Thus, activities such as the construction of tall buildings or flying of aircraft can affect adjacent landowners' air rights without any physical contact with the surface of their property.

Understanding this aspect of property law is crucial for recognizing how air rights can be important in urban planning, development, and dispute resolution between property owners.