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Define Air Space in Real Estate

Air Space: 

"Air Space" is a term in real estate that refers to the area above a piece of land or property, up to the sky. It's the space that can be used or built upon, depending on the air rights that someone has.


Imagine a homeowner who wants to build a second story on their house. To do this, they need to make sure they have the rights to use the air space above their property, so they can build without any problems.

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A few additional points to keep in mind about air space:

Air Rights and Airspace: Air space and air rights are related but distinct concepts. Air space refers to the physical area above a property, while air rights pertain to the legal rights and ownership associated with that space. Air rights are often subject to regulations, zoning laws, and agreements that dictate how the air space can be used or developed.

Encroachments: Air space can be affected by encroachments, which occur when structures or objects extend into another person's air space. For example, a building that is taller than what is legally permitted may encroach upon the air space of neighboring properties. Encroachments can lead to legal disputes and may require resolution through negotiation or legal action.

Eminent Domain: In certain situations, the government may exercise its power of eminent domain to acquire air space or air rights for public purposes, such as constructing infrastructure projects like highways or airports. Property owners are typically compensated for the acquisition.

Vertical Subdivisions: In some cases, properties may have vertical subdivisions, where different portions of the air space above a building are separately owned or controlled. For instance, a condominium building might have individual owners for each unit, but the common areas and airspace might be collectively owned by all the unit owners.

Use Restrictions: Local regulations and restrictions may impose limitations on what can be done within the air space, such as height restrictions, setback requirements, or limitations on the use of airspace for certain activities like advertising signs or outdoor structures.

Aviation and Air Traffic Control: The airspace above properties is also subject to aviation regulations and air traffic control to ensure the safe movement of aircraft. Certain areas may have flight restrictions or designated flight paths to prevent conflicts with structures or ensure the safety of airspace users.

It's important to consult local laws, regulations, and zoning ordinances specific to your area to fully understand the rights, limitations, and considerations related to air space and air rights. Additionally, for specialized cases or complex situations, seeking guidance from legal professionals and experts in real estate and aviation can provide further insights and guidance.
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"Wit & Whimsy with the Dumb Ox: Unlocking Knowledge with Rhyme:"

In the world of homes and skies, a term you'll want to know,
Air Space is the name we give, to the area that grows.

Above your land or property, the sky extends so high,
It's the space that you can use, if your rights do comply.

A homeowner with dreams so grand, a second story, they yearn,
To build it up, they must ensure, the air space they discern.

With rights to build and use the space, their dreams can take flight,
Air Space is the area, where buildings reach new height.

So when you study real estate, and terms you'll need to learn,
Remember Air Space, the sky above, where dreams and homes adjourn!

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