Air Rights
Air rights, in general, cover the right to occupy or use empty space. But what are air rights, and why are they important? Two major types of air rights can be explained; however, we’ll detail air rights that directly impact the real estate market.
Air rights can be owned, or public and the difference changes the whole definition of the term. It’s important to know that when it comes to navigable airspace over the United States, we refer to air rights as publicly owned that are under the control of the Federal Aviation Administration. These air rights are managed by air travel to organize air transportation through navigable airspace. There are limitations imposed regarding the height at which navigable airspace starts regarding the structures’ height from ground level. Still, as technological advances continue to be made and aircrafts might not have a minimum flight altitude, all airspace becomes navigable.
We’ll now further explain what are air rights in real estate, and you’ll see how the two concepts are different. There are few instances in the real estate industry when we’ll come across public air rights, as already discussed.
So what are Air Rights in Real Estate?
When we talk about air rights in real estate, we are talking about a type of development right. The following circumstances give property owners rights to manage and occupy a particular amount of unused air space atop their property: if it doesn’t trespass on another property and if the state and local law permits allow the improvement.
As the owner of a parcel of land owns the air rights above their land, so does a property owner. Through air rights, airspace becomes property of the land or property it is on top of and retains development rights. In high-density urban areas, buildings retain air rights for the equivalent of thirty-five stories above them.
Taking these facts into account, we will further mention that development rights can be sold or transferred. Now imagine a two-story building located in the downtown of a large metropolitan area. The owner of that building can sell at any time. Still, if the buildings around it are high-rise apartments or skyscrapers and the owner is aware of their air rights, they can sell the two-story building for the potential development rights of up to thirty-five stories in height. As Christ Church exemplified in New York, this could generate an incredible profit when selling their vertical development rights for the astronomical sum of $30 million.
Knowing the rights that any real estate owner has can make a big difference, especially if zoning ordinances permit these types of structures. Real estate agents can provide the information necessary for real estate investors to increase the sale price based on the market demands.
Popular Real Estate Terms
Rights granted to owners of property restricted to conservation use, historic preservation, or some other low density function to sell to other landowners allowing them to develop their ...
Administrator of estate is a term used in common-law jurisdiction for a person assigned a particular responsibility. The administrator of estate definition describes a court-appointed ...
Divider made of plasterboard or plaster used to partition rooms. A room is created by the walls surrounding it. ...
Contracts: Awarding a contract to the bidder for the property with the best offer. Lease: To lease property to a lessee. ...
Expenditure to make a specific security or real estate transaction. Real estate transaction costs include survey costs, mortgage points and origination fees, recording fees, state transfer ...
The American Society of Appraisers, also referred to as ASA, is the largest voluntary membership, a multi-discipline trade association that stands for and promotes its appraiser members. ...
The interest rate and terms competing mortgage lenders are offering to potential mortgagees. The mortgage market is competitive on the basis of mortgage interest rates, points, credit ...
Legal obligation to pay taxes associated with owning property or earning income. For example, a real estate owner must pay property taxes. ...
Also called financial leverage. The use of borrower funds to magnify return. Trading profitably on the equity, also called favorable financial leverage, means that the borrowed funds ...
Have a question or comment?
We're here to help.