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Two things:
1) we don't own the air or subterrannian rights to our land (unless you have a seperate deal granting you those rights
2) regardless of what he owns, I am sure that his town/city/municipality requires permits for digging. Just like you can't build just any old house on your property, you can't just up and dig any old hole. It has to conform to code.
This has become an issue in British Columbia where the province grants mining rights to the land beneath homeowner's lands... suddenly there is a stranger walking on your property with the right to build roads and sink shafts...
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"My hands are on fire. Hands are on fire. Ain't got no more time for all you charlatans and liars."
- Old Man Luedecke
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