An avigation easement is an agreement that grants airplanes the right to fly over another person’s property without any obstacles. It can be likened to a permission slip given by the property owner to the airplane. In legal terms, an easement refers to the right to use or control a piece of land for a specific purpose, without ownership. The property that benefits from the easement is known as the dominant estate, while the property burdened by the easement is referred to as the servient estate.
A servient estate can grant an avigation easement, which allows aircraft to fly unimpeded over the property. This type of easement is also referred to as an aviation, flight, or navigation easement. Typically, the government or airport authority receives this easement to ensure air traffic safety. For instance, if an airport is near a residential area, an avigation easement may be necessary to prevent tall buildings or other structures from obstructing flight paths. This easement guarantees that the airspace above the servient estate remains free and secure for air traffic.
An avigation easement is a legal agreement between a property owner and an airport authority that grants the authority the right to use the airspace above the property for aircraft takeoffs, landings, and flight paths.
An avigation easement is necessary to ensure that aircraft operations can be conducted safely and efficiently without interference from surrounding properties. It also protects the property owner from potential liability claims arising from aircraft-related incidents.
Yes, an avigation easement is typically recorded in the property’s title records, which means it will bind future owners of the property. It is a permanent encumbrance on the property.
In some cases, a property owner may refuse to grant an avigation easement. However, if the airport authority can demonstrate that the easement is necessary for the safe and efficient operation of the airport, they may have the right to acquire the easement through eminent domain.
Yes, property owners are typically compensated for granting an avigation easement. The compensation amount is usually negotiated between the property owner and the airport authority, taking into account factors such as the size of the property and the potential impact on its value.
An avigation easement can only be terminated or modified if both parties agree to it. However, it is important to consult with an attorney to understand the specific terms and conditions outlined in the easement agreement.
No, a property owner cannot build structures that obstruct the airspace covered by an avigation easement. Doing so would violate the terms of the easement agreement and could result in legal consequences.
No, an avigation easement is specific to the property on which it was granted. It cannot be transferred to another property unless both parties agree to the transfer.
Yes, an avigation easement can be challenged in court if there is a dispute regarding its validity, interpretation, or enforcement. It is advisable to seek legal counsel to navigate the complexities of such a legal challenge.
If an airport ceases operations, the avigation easement may become unnecessary. In such cases, the airport authority may choose to release the easement, but this would typically require a formal agreement between the authority and the property owner.
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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