An avigational easement is a legal agreement that grants airplanes the right to fly over another person’s property without any obstacles. It functions as a permission slip for the airplane to traverse the land. The property that benefits from the easement is referred to as the dominant estate, while the property burdened by the easement is known as the servient estate. It is important to note that this type of easement does not confer the holder with the rights to possess, utilise, enhance, or transfer the land, distinguishing it from a lease or licence.
An avigational easement is a legal right that allows aircraft to fly over a property without being considered a trespasser. It is specifically granted to aircraft and is important for airports and other aviation-related businesses that need to fly over neighbouring properties. Without an avigational easement, these flights could be considered a trespass and could result in legal issues. For example, an airport may have an avigational easement over the surrounding properties, which means that planes can fly over these properties without being considered a trespasser.
An avigational easement is a legal right granted to a person or entity to use a specific area of land for navigation purposes, such as for boating or flying.
An avigational easement can be created through a written agreement between the landowner and the person or entity seeking the easement. It can also be established through court action or by operation of law.
An avigational easement holder has the right to use the specified area of land for navigation purposes, including the right to pass over the land, anchor, moor, or dock vessels, and access waterways.
Yes, an avigational easement can be terminated if the purpose for which it was created no longer exists or if the easement holder fails to comply with any conditions or restrictions imposed on the easement.
Yes, an avigational easement can be transferred to another person or entity, either through a written assignment or by operation of law.
A landowner generally cannot unreasonably restrict the use of an avigational easement. However, the landowner may impose reasonable conditions or restrictions to protect their property, as long as they do not interfere with the easement holder’s right to navigate.
A landowner may be held liable for accidents or injuries that occur on an avigational easement if they were negligent in maintaining the property or if they created a dangerous condition that caused the accident or injury.
A landowner generally cannot unilaterally revoke an avigational easement once it has been granted, unless there is a valid legal reason to do so, such as a breach of the easement terms or a change in circumstances.
A landowner may charge reasonable fees for the use of an avigational easement, as long as the fees are not excessive or discriminatory.
An avigational easement can be expanded or modified if all parties involved agree to the changes and the changes are properly documented and recorded.
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.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/avigational-easement/
- Modern Language Association (MLA):Avigational Easement. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/avigational-easement/.
- Chicago Manual of Style (CMS):Avigational Easement. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/avigational-easement/ (accessed: May 09 2024).
- American Psychological Association (APA):Avigational Easement. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/avigational-easement/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts