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Legal Definition and Related Resources of Air Rights

The right to use all or portion of the air space above real estate . flight paths which interfere with owner ‘s use of land may entitle owner to recovery of damages . See U.S. v Causby, 328 U.S. 256.

Browse or run a search for Air Rights in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Air Rights in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Air Rights in Historical Law in the Encyclopedia of Law.

Search for legal acronyms and/or abbreviations containing Air Rights in the Legal Abbreviations and Acronyms Dictionary.

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What does Air rights mean in American Law?

The definition of Air rights in the law of the United States, as defined by the lexicographer Arthur Leff in his legal dictionary is:

While the right of a landowner no longer really runs a coelo ad centrum, i.e., upwards to the heavens (e.g., airplanes can without permission fly over), it is clear that one cannot do anything one wishes over a person’s land any more than on it. Hence, airplanes cannot fly so low as to destroy the use of the land (absent, of course, express or implied agreement), and no adjacent landowner can maintain a structure jutting over his neighbor’s property line. These air rights are often, especially in central city

locations, very valuable, and are sometimes sold or leased, e.g., when the owner of a building sells or leases the right to build a bigger building over or right on top the first. And, of course, easements can be granted, e.g., to utilities to string power lines.

Concept of Air Rights in the context of Real Property

A short definition of Air Rights: The right to the use of the air space above property without the right to use the surface of the property. However, air rights may restrict surface rights, especially height of improvements.

Concept of Air Rights in the context of Real Property

A short definition of Air Rights: The right to the use of the air space above property without the right to use the surface of the property. However, air rights may restrict surface rights, especially height of improvements.