What is the ownership status of the above-ground space and the below-ground
space, both of which are located on the surface of the land that already has an
owner?
Replies:
The ownership status of aboveground and underground spaces can be different from
that of the land on the surface. As long as the aboveground space and underground
space are still attached to the land, then the space is owned by one person.
However, if the use and utilization of space that is structurally separate and/or has a
different function from the plot of land on the surface of the land, then it is an
Aboveground Space or Underground Space. Therefore, different ownership is
possible with the land above or below it.
Land utilization for underground space can be carried out as long as the Land is
structurally and/or functionally separate from the Land Rights holder. Underground
Space consists of shallow Underground Space and deep Underground Space.
Shallow Underground Space is Land owned by the holder of Land Rights with a
depth limit set in the spatial plan or up to a depth of 30 (thirty) meters from the
surface of the Land. Deep Underground Space is Land that is structurally and/or
functionally separate from the holder of Land Rights.
What is the liability of the owner of land rights, be it the holder of surface land rights, the holder of land space right or the holder of underground space rights in the eventof a loss due to the utilization of the land of another right holder?
Replies:
Land rights holders should ensure that use of the space does not infringe on the
rights of others and is in accordance with permits granted by the competent
authorities. Owners of above-ground and underground spaces should coordinate
with owners of the land above to avoid conflicts. If there is any loss in the utilization
of the land parcel, the injured party should be compensated.
The loss received should be able to be calculated in the form of money or other
forms in accordance with the agreement with the party using the underground space
conducted by a land appraiser from the local national land agency.
