Q: What is a covenant?

A: A contractual promise to do or not to do a particular act, such as promising to build a house of a particular size or not to use property in a certain way.

Q: I recently bought a home. My friend told me that I own only the surface of the property, not any of the air space above or the ground below. Is that correct?

A: When you buy a home, generally speaking, you are buying not only the property, the horizontal boundaries of which are usually demarcated in a legal description, but also the rights to the space above the property (air rights) and to everything below the property.

Specifically, Georgia law provides that the property rights of an owner of real estate extends downward indefinitely and upward indefinitely. Thus, unless such rights have been severed from the property by prior agreement, you will own the property in fee simple, meaning entirely and absolutely, including the upward and downward property rights.

As such, you also own all the minerals in the ground beneath your property. In addition, if a property owner's rights above and below the property are unlawfully interfered with, Georgia law provides the owner a right of action, meaning an owner can sue to protect such rights. In a condominium, unlike a home, the horizontal and vertical boundaries of a condominium unit are very limited and are usually fully detailed in the declaration of covenants, restrictions and easements of the condominium.

This column is designed to provide information in regard to the subject matter covered. It is not intended to render legal advice. If legal advice or assistance is required, the services of an attorney should be sought.

—- By Raghu R. Raju, an attorney of Weinstock & Scavo, P.C.; rraju@wslaw.net; www.wslaw.com.

Have a question you would like answered in this column? Please contact James J. Scavo at jscavo@wslaw.net or c/o Weinstock & Scavo, P.C., 3405 Piedmont Road, Suite 300, Atlanta, GA 30305.