Air Rights | Practical Law

Air Rights | Practical Law

Air Rights

Air Rights

Practical Law Glossary Item w-002-5574 (Approx. 3 pages)

Glossary

Air Rights

A type of development right. Rights to control and develop a specific amount of unused air space above real property. A property has air rights if either:
  • The property is vacant.
  • The improvements on the property are smaller than state and local laws permit.
As with mineral rights, air rights can be leased, sold, or transferred with, or separate from, fee title to property.
Some jurisdictions have enacted transfer of development rights (TDR) programs, which allow property owners to transfer or sell their air rights to a different property or a different owner in certain circumstances.