air rights


air rights
The right to use all or a portion of the air space above real estate. Such right is vested by grant; e.g. fee simple, lease, or other conveyance. While commercial airlines have a right to fly over one's land, if such "flight paths" interfere with the owners use of such land, the owner is entitled to recover the extent of actual damage suffered by him. United States v. Causby, 328 U.S. 256, 66 S.Ct. 1062, 90 L.Ed. 1206.
On the other hand, the owner of the land is precluded by state and federal laws from polluting the air

Black's law dictionary. . 1990.

Look at other dictionaries:

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  • air rights — n. rights to the airspace above a building or lot, regarded as the real property of the one who owns the building or lot …   English World dictionary

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