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What are Air Rights?

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Air rights are property rights that apply to the sky above a parcel of land. Generally speaking, land owners have a right to enjoy and develop the air above their property. Air rights date back to medieval Roman law with the phrase Cuius est solum, eius est usque ad caelum et ad inferos meaning "whoever owns the soil, it's theirs up to Heaven and down to Hell."
Air rights are relevant to development as it is common for a building, road or railway to want to build over an existing building. In this case, it is possible for air rights to be sold while retaining other property rights.
In many jurisdictions, air rights are restricted to several hundred meters for the purposes of commercial aircraft. Property owners may resist lowering this for drones which tend to fly much lower than aircraft. Unmanned aerial vehicles are viewed as an invasion of privacy due to their use of cameras and may significantly interfere with enjoyment of property.
Overview: Air Rights
Type
Definition
The right to develop and enjoy the sky above your property.
Value
Without air rights developers might aggressively build over your home.
Privacy may be impossible if data collecting sensors such as cameras are allowed to hover just above your home or garden.
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