Air rights refer to the legal entitlement to control and utilize the vertical space above a property. This right allows property owners to build structures or otherwise use the airspace above their land, while still respecting the necessary and reasonable use of that airspace by others. Essentially, air rights are associated with the property boundaries as described in the ownership grant.
Air rights are primarily used in real estate law. They are significant in various contexts, including:
Users can manage some aspects of air rights through legal forms and templates provided by platforms like US Legal Forms, especially when dealing with leasing or selling air rights.
Here are a couple of examples of abatement:
Example 1: A property owner in a metropolitan area sells their air rights to a developer who plans to build a high-rise building above their existing structure. This allows the developer to maximize the use of space in a densely populated area.
Example 2: A city may grant air rights to a company to construct a skybridge that connects two buildings over a public street (hypothetical example).
Examples of state differences (not exhaustive):
| State | Air Rights Regulations |
|---|---|
| California | Air rights can be sold or leased, but must comply with local zoning laws. |
| New York | Air rights are often used in real estate transactions, especially in urban areas. |
| Texas | Air rights are generally less regulated, allowing for more flexibility in development. |
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Air Rights | The right to use the airspace above a property. | Focuses on vertical space usage. |
| Surface Rights | The right to use the surface of the land. | Does not include airspace above. |
| Subsurface Rights | The right to use the land beneath the surface. | Concerns underground resources, not airspace. |
If you believe air rights apply to your property, consider the following steps:
For complex situations, seeking professional legal assistance is advisable.
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