Found an interesting concept in property rights theory:

'Ad coelum doctrine:

Asserts that a landowner's rights extend not only to the surface of their land but also indefinitely upwards into the airspace above and downwards into the earth below, potentially to the center of the earth.'

If ownership is derived from homesteading/first-use, i.e. transformation of an unowned resource by mixing it with one's labour and making it an extension of their self, I don't think this can be valid.