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
An adjustment to the internal rate of return (IRR) computation so as to improve this measure. This uses a risk-free after-tax rate and a customary rate for money reinvestment. ...
A legal procedure to sell a mortgage property to the highest bidder in order to satisfy a mortgage claim from a mortgagee against the value o the property. A foreclosure sale can occur from ...
Member Of the American Institute of Real Estate Appraisers. ...
In the business world, the definition of override means a salesperson paying a commission to a supervisor or another agent. The meaning of override refers to an arrangement for acquitting ...
System for human waste disposal where sewers do not exist. Pipes transport waste into septic tank and a leaching field purifies the fluids that come out of the septic tank before they join ...
A partition or wall that provides no support to the structure in which it is located. For example, a nonbearing partition or wall does not support any floors above it. A partition which ...
A financial obligation comes in several ways. In general terms, the meaning of liability refers to the amount of money an individual or company owes to a lender. We define the party holding ...
Rental based on a percent of sales or profit that in addition to the constant rental amount. ...
What does Act of God mean? Acts of God or “force majeure” is typically how an insurance policy classifies peril situations that could not be prevented or defended by men. ...
Have a question or comment?
We're here to help.