Ownership and estates
Air rights
The right to use or control the space above a parcel of land
Ownership runs upward as well as outward, and that vertical space can be sold or leased separately from the ground — which is how buildings get constructed over railway lines and how transferable development rights work in dense cities. Aviation is the standing limit on the doctrine.
How the exam asks about it
Grouped with sub-surface and mineral rights as an illustration that the bundle of rights can be divided by layer, not only by time or by co-ownership.
Related terms
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