What defines the rights to the air above a property?

The concept of air rights pertains specifically to the ownership and use of the space above a property. This includes the ability to control, use, and sell the air space above a property up to a certain height. Generally, property ownership extends not only to the land itself but also to the air above it, which means that the owner has the right to develop or utilize that space depending on zoning regulations and local laws.

Air rights are particularly significant in urban areas where vertical development, such as high-rise buildings, is common. They can be sold or leased independently of the land itself, allowing one party to develop the air space while another retains ownership of the land below. In this context, it is essential for property owners and developers to understand and manage air rights effectively, as they are a critical component of real estate development and property value.

Other options focus on different aspects of property ownership. Subsurface rights concern the ownership of underground resources, property easements deal with the legal right to use a part of someone else's property, and encroachments refer to unauthorized intrusions onto a property. While these terms are related to property law, they do not pertain to the rights associated with the air above a property. Therefore, understanding air rights is key to