Airspace is defined as the space above a specified plane over, on, or beneath a designated tract of land. It is a separate piece of real property by itself. An air right means the right to occupy a given airspace.
The general rule is that the landowner owns at least as much of the space above or below the ground as he can occupy or use in connection with the land. However, different states have different interpretations as to how much airspace one can occupy and use.
Some common ways airspace rights are transferred include:
- Leasing the airspace
- Sale of the entire or partial interest in the airspace
- Sale of the entire or partial interest in the land
- Granting an interest in the airspace to another
- Giving an easement to use the airspace
- Gifting of the entire or partial interest in the land and retaining an easement to use the land
Yes. Local zoning ordinances and municipal airspace ordinances may impose limitations as to how the airspace may be utilized. An example would be height requirements on structures you build on your land.
Yes. Since airspace rights are a real property right, you may sue and recover damages from those interfering with the use of your airspace.
Title and boundaries (even those in the air) are very essential issues which may affect your rights as a property owner. A real estate attorney can help you determine the extent of your rights to your property. Additionally, a real estate attorney can help you defend any attack on your boundary rights and your title to your property.