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In real estate, air rights are the property interest in the "space" above the Earth's surface. Generally speaking, owning or renting land or a building includes the right to use and build in the space above the land without interference by others.
United States v. Causby, 328 U.S. 256 (1946), was a landmark United States Supreme Court decision related to ownership of airspace above private property. The United States government claimed a public right to fly over Thomas Lee Causby's farm located near an airport in Greensboro, North Carolina.
The boundary between public airspace and private air rights is defined by national or local law. In the United States, the 1946 Supreme Court decision United States v.
A high-profile trial involving a luxury condominium in downtown Sarasota concluded on Thursday to determine who owns the air rights in The Quay.
Hudson Square Hotel also resolved two often highly litigated issues in adverse possession cases where the air rights are more valuable than the underlying land itself: (a) "where" (i.e., in three-dimensional physical space) is an encroachment required in order for such encroachment to have any relevant operative effect or consequences under the ...
In 1995, the air transport agreement was updated by way of liberalizing Japanese carriers' access to US destinations, while placing selected restrictions on US air carriers. [23]: 19–24 Up until the 1980s, Air India's flights to New York JFK from India were all operated under fifth freedom rights. From its 1962 initiation of Boeing 707 ...
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[2] The case established that the rights of a land owner over his land extend only to a height necessary for the ordinary use and enjoyment of his land. Ordinary commercial and private flights would, in any event, have been protected from actions in trespass by section 40(1) of the Civil Aviation Act 1949 (now Civil Aviation Act 1982 , section ...