New York Avigation and Hazard Easement

State:
Multi-State
Control #:
US-EAS-4
Format:
Word; 
Rich Text
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Description

This is a sample form for use in transactions involving easements, an Avigation and Hazard Easement. Grant to the Federal Aviation Association unobstructed use and passage of aircraft in and through airspace of the Grantor.

An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
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FAQ

An avigation easement is a property right acquired from a landowner which protects the use of airspace above a specified height, and imposes limitations on use of the land subject to the easement. Generally, uses that attract birds or interfere with pilot visibility and instrumentation are prohibited.

"air space parcel" means a volumetric parcel, whether or not occupied in whole or in part by a building or other structure, shown as such in an air space plan; "air space plan" means a plan that.

In real estate, air rights are the property interest in the "space" above the earth's surface. Generally speaking, owning or renting land or a building includes the right to use and build in the space above the land without interference by others.

An avigation easement typically means there is an airport nearby that is permitted to use the airspace above your property.

Airspace development describes a technique whereby unused space on rooftops of existing buildings is converted into new homes. Using the latest construction techniques, airspace homes can be manufactured almost entirely off-site in factories to a high specification, and constructed on the rooftops in a matter of days.

Owning the land or a building generally includes the rights to develop and use the airspace above that land or building, subject to applicable laws that affect those lands.

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New York Avigation and Hazard Easement