The common property law is basically a way to say that no singular person could own. How could you own a cloud or an underground river? The point is that everyone does, not you, even if it is above or below your property.

Common property law allows that airplane to fly over-head, those telephone poles to be installed, those pipes to be buried, that underground river that you are not allowed to pollute, those deer who are eating your bushes, and the list goes on and on. So common property is controlled by the government.

As far as the mineral law: it is common property, which is controlled by the government — unless the government denies claim or gives it away.

Look at this:

According to the Oxford Companion to Law:

“In general, ownership of land includes the airspace above and the subsoil below down to the centre of the earth, as expressed in the maxim ‘Cuius est solum, eius est usque ad caelum et ad inferos’; but the mineral strata in the subsoil may be sold or leased or otherwise belong to another than the owner of the surface, and modern legislation renders the flight of aircraft through an owner’s airspace not a trespass.”