Land records · Parcel maps · October 5, 2026
What Are Air Rights in Real Estate?
Air rights are a property owner's rights to the space above the land, which can be limited, sold, or transferred. How they work with zoning and airports.
What are air rights? Air rights are a property owner’s rights to use and control the space above their land. Ownership no longer extends infinitely upward: owners generally control the airspace they can reasonably use and enjoy, while higher navigable airspace is public and regulated by federal aviation authorities. Within that usable space, air rights can be limited by zoning, sold, leased, or transferred through easements and development rights programs. This page is general land-records background, not legal advice.
How air rights work
| Concept | What it means |
|---|---|
| Usable airspace | Space an owner can reasonably use, such as for buildings and trees |
| Navigable airspace | Public airspace for flight, regulated federally |
| Zoning height limits | Local caps on building height |
| Development rights | Unused buildable floor area in some cities that can be transferred |
| Easements | Recorded rights for others to use or restrict airspace |
Selling or transferring air rights
In dense cities, zoning sets how much floor area a lot may contain. If a building uses less than allowed, the owner may be able to sell the unused development rights to an adjacent or nearby lot under local transfer programs. Some cities use transferable development rights to preserve landmarks or farmland.
Owners can also sell the airspace itself, such as for a building constructed over a rail yard or highway.
Easements involving airspace
- Aerial easements for overhead wires or structures. See what is an aerial easement.
- Avigation easements near airports allowing aircraft overflight, noise, and height limits. See what is an avigation easement.
- View and light easements restricting a neighbor’s building height. See what is a view easement.
- Solar access easements protecting sunlight to panels. See what is a solar access easement.
These are typically recorded and show up in title searches.
Air rights and condominiums
Condominium units are essentially defined spaces in the air, described in a recorded condo plat or map with vertical and horizontal boundaries.
Drones and overflights
Drone flight is regulated federally, while state and local laws may address trespass, privacy, and nuisance. The law here is evolving, so check current rules in your state.
Trees and overhangs
Branches and roof eaves that extend over a property line involve airspace. Neighbors generally may trim overhanging branches at the line under many state laws, but rules on damage and liability vary.
Finding air rights in records
Look for recorded easements, development rights transfers, or covenants in the county records and title commitment. Zoning maps and codes show height limits. Condo plats show unit airspace.
Bottom line
Air rights are the owner’s rights to the usable space above land, limited by zoning and federal airspace rules. They can be sold or transferred in some cities and are often restricted by aerial, avigation, view, or solar easements. Check title records and zoning for limits. Look up the parcel on the Platbookmapper map.
What are air rights FAQ
Do I own the air above my property?
You generally control the usable airspace above your land, but not navigable airspace.
Can air rights be sold?
Yes, in some cases, including transferable development rights in certain cities.
What is an avigation easement?
A recorded right allowing aircraft overflight and limiting heights near airports.
Can a neighbor build something that blocks my view?
Generally yes unless a view easement, covenant, or zoning rule restricts it.
Are drones allowed over my property?
Drone flight is federally regulated; state laws on privacy and trespass vary.