Transfer Development Rights

Definition of "Transfer development rights"

Glenda Janczewski real estate agent

Written by

Glenda Janczewskielite badge icon

EXP Realty LLC

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 properties in other areas at higher densities than existed previously. The owners of restricted-development properties get these rights as compensatory consideration for the building constraints on their lands. They may sell these rights to any landowner in other areas who is not restricted regarding development densities.

Comments for Transfer Development Rights


I own several properties & wells in Pecos, TX, REEVES Co., West Texas. I inherited several wells purchasing homes, including mineral rights. Now, come to find out about in addition to Surface Rights & Mineral Rights, there I come to hear about Space Rights!! Please share all U know or where to seek additional info and a great place to seek legal assistance for many questions I have about production as of AUGUST 2018-Current?

Jan 23, 2024  00:17:21

Real Estate Agent

Hello! Thank you for contacting us!

Air rights in the United States refer to the space above a piece of land that the landowner can control and use. Imagine you have a piece of land. Just like you own the dirt, grass, and minerals beneath, you also own the space above it, up to a certain point. You can use this space to build things, like tall buildings. Here are the rules on how air rights work: 

The government has laws about how high you can build.

Planes can fly over your land because they are high up.

Sometimes, you can sell your air space to someone else who wants to build something.

To get more information and legal advice about air rights in the US, you can follow these steps:

  1. Contact a real estate attorney! Look for a lawyer specializing in real estate law. 
  2. Your city or county planning department can provide information on local regulations and laws about air rights.
  3. Visit a law library or use an online legal database to research air rights laws in your state and any relevant court cases.
  4. Title companies can help you understand the details of your property title, including any existing air rights provisions.


Jan 23, 2024  05:02:51
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