An aviation easement is a legal agreement that permits aircraft to fly over another person’s property without obstruction. It grants a restricted right to utilise or control the land, or the airspace above it, for a specific purpose. The property that benefits from the easement is referred to as the dominant estate, while the property that is burdened by the easement is known as the servient estate. Unlike a lease or licence, an easement can be permanent, but it does not grant the holder the right to possess, extract resources from, enhance, or sell the land.
An aviation easement grants unrestricted aircraft flights over a property. It is a type of easement, which is a right to use or control land owned by someone else for a specific purpose. The property benefiting from the easement is called the dominant estate, while the property burdened by the easement is called the servient estate. For instance, if an airport needs to fly over a neighbouring property to access a runway, they can obtain an aviation easement from the neighbouring property owner. This easement would enable the airport to use the airspace above the neighbouring property exclusively for aircraft flights.
An aviation easement is a legal agreement that grants an individual or entity the right to use a specific area of land for aviation-related purposes, such as takeoff and landing.
The owner of the land can grant an aviation easement to another party.
An aviation easement can provide a clear legal framework for the use of land for aviation purposes, which can help prevent disputes and ensure that the land is used in a safe and responsible manner.
An aviation easement may include restrictions on the type of aircraft that can use the land, the frequency of use, and the hours of operation.
An aviation easement can be granted for a specific period of time or can be perpetual.
An aviation easement can be transferred to another party with the consent of the landowner.
If the terms of an aviation easement are violated, the landowner may have the right to terminate the easement and seek damages.
An aviation easement can be terminated if the terms of the agreement are violated or if the land is no longer suitable for aviation use.
The value of an aviation easement is typically determined by considering factors such as the size and location of the land, the frequency of use, and the restrictions on the use of the land.
It is recommended to consult with a lawyer to create an aviation easement to ensure that the agreement is legally binding and protects the interests of all parties involved.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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