Is not this a sale of the right to travel?
Finally, it is permissible neither to draw water from a spring situated in another's grounds without the permission of the proprietor, because by the right of accession the spring belongs to the possessor of the soil, if there is no other claim; nor to pass a day on his premises without paying a tax; nor to look at a court, a garden, or an orchard, without the consent of the proprietor; nor to stroll in a park or an enclosure against the owner's will: every one is allowed to shut himself up and to fence himself in.

All these prohibitions are so many positive interdictions, not only of the land, but of the air and water.

We who belong to the proletaire class: property excommunicates us! _Terra, et aqua, et aere, et igne interdicti sumus_.
Men could not appropriate the most fixed of all the elements without appropriating the three others; since, by French and Roman law, property in the surface carries with it property from zenith to nadir--_Cujus est solum, ejus est usque ad caelum_.

Now, if the use of water, air, and fire excludes property, so does the use of the soil.

This chain of reasoning seems to have been presented by M.Ch.Comte, in his "Treatise on Property," chap.