You're mistaken.From what I understand you cannot sue an airline for flying commercial over your property, but you could have grounds if say a helicopter or small private plane is over your property without the proper permissions. You do own airpsace above your property and there are processes for approvals to be able to fly above homes. Airlines have this covered, its a necessary function of society to allow this, but private flights are different. If I understand it further, the FAA effectively has an easement in the airspaces they travel, they do not own it.
I live near a local/small airport and there is no permission asked for (nor granted) when small aircraft fly over suburban residences.