Is the Air space above your property legally yours?
- VT Team
- Jul 22, 2019
- 2 min read
True or False: In Florida, the air space above your property is legally yours? A random homeowner may not know the answer. However, a Realtor or an aspiring Realtor should. Though you may find this question on the Real Estate Exam, should a Homeowner know the answer?
The Answer to this question may shock you!
It's 3am and the sound of a helicopter landing has startled the neighbors out of their peaceful sleep. The perpetrator, a business executive with pilot license, bought a new helicopter and didn't think twice of parking it in spacious backyard.
The neighbors on the other hand, complained to the authorities because their property rights' were being violated. As you can imagine, the helicopter had to fly over nearby houses and hover over his adjacent neighbor's house before landing in his yard. Does local News choppers ring a bell?
The pilot defense is he was not causing any harm except for the unappreciated vibration affecting only very few houses.
Well, who owns the space above the house and doesn't airlines/aircrafts use it at will?
The law actually is on the neighbors' side. The neighbor has Air Rights. When a person purchases a property, the property owner has full rights to:
The surface (land & house/building)
The subsurface (the land beneath the house/building)
The air/space above the house/building.
Since the invention of airplanes, air rights have been limited to allow aircrafts flying 30,000 ft above your house, but cannot interfere with the reasonable airspace of the owner's use and enjoyment of the property. You can even sell the air/space above your house to developers or for drown practices much like you can sell the possible oil beneath your land.
It is a major advantage to know your rights and have a Realtor on your side when purchasing a house/property. It would be a shame to not know the oil tank under your house really belongs you. #Good2Know
WANT TO KNOW MORE ABOUT YOUR RIGHTS?
Did you know that unfortunately 50% of people who take the Real Estate exam fail it the first time?
We have an interactive Real Estate Exam Prep Course starting Aug 17th that will help you pass the exam the FIRST time! It is 6 intense classes and tutoring with an experienced Realtor who has passed the test on the first attempt. Yes, passing the test is within reach and here's how we will help you pass it the first time around. Go to http://bit.ly/VTRealEstateExamPrep if interested. Space is limited.
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