How much space above your land do you own?

While the Supreme Court hasn’t explicitly accepted that as the upper limit of property ownership, it’s a useful guideline in trespass cases. Therefore, unless you own some very tall buildings, your private airspace probably ends somewhere between 80 and 500 feet above the ground.

How are air rights calculated?

How To Calculate Air Rights

1. The available Air Rights are the unused Development Rights on a Property.
2. Buildable Floor Area = Property Area x FAR.
3. Available Air Rights = Buildable Floor Area – Used Floor Area.
4. A property owner can develop or sell available Air Rights.
5. Allowable Floor Area = Property Area x FAR.

Is it legal to fly a drone over private property in California?

No, you cannot fly a drone over private property in California. Drone snooping is not specifically a crime. But in August 2015, the California State Assembly passed legislation that would make a drone pilot who flies his drone over private property guilty of trespassing.

Is the air above your property yours?

Ownership no longer extends endlessly into space. Today, air rights extend to the airspace above the surface that could reasonably be used in connection with the land. Airplanes soaring above your property are not trespassing because they are flying in what Congress has declared as the public highway.

Can I buy air space?

Air rights refer to the legal ability to occupy the vertical air space above a plot of real estate. Developers can buy air space with or without buying the building on ground level to increase a space’s property value.

Can air space be purchased?

How FAR do air rights extend?

Although this statement can still be used as a general guideline, it had to be strongly reevaluated with the emergence of airplanes in the 20th century. Ownership no longer extends endlessly into space. Today, air rights extend to the airspace above the surface that could reasonably be used in connection with the land.

Does a landowner’s property interest in the land extend to airspace?

Thus, a landowner’s property interest in the land extends to the airspace directly over the property, to the extent that the airspace can be used to benefit the underlying land [vii]. The fact that s/he does not occupy it in a physical sense, by the erection of buildings and the like, is not material [viii].

Do you have air rights to airspace above your property?

If you have air rights to an airspace you not only have the right to expect this space to be free from intrusions, but you also have the right to sell this space as an asset. Do you own the airspace above your property?

Can a property owner own the air above their land?

Causby won his case and the courts agreed that although a property owner wasn’t entitled to own all of the air above their land, they were entitled to enough so that planes flying overhead wouldn’t kill their chickens. Progress!

How much of the land does the landowner own?

The rule is that the landowner owns not only as much of the space above the ground as s/he occupies but also as much thereof as s/he may use in connection with the land[v]. However, this right is not fixed.