United States Law/Property

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AIR RIGHTS Airplane flights: Direct overflights: If an airport permits flights to occur directly over an owner’s property, and within the immediate reaches of his land, the landowner may sue in trespass. But flights beyond a certain height are not deemed to be in the immediate reaches so no trespass suit may be brought. Adjacent areas: If flights occur at low altitude on property adjacent to P’s property, some states may permit him to bring a suit for nuisance if the flights are low enough, frequent enough and noisy enough to substantially interfere with his use and enjoyment of his land.

Other air-rights issues: Tall buildings: An owner generally has the right to build as high a building as he wishes (assuming that it satisfies all applicable zoning requirements and building restrictions). Thus if two owners area adjacent to each other, one cannot object to the other’s tall building on the grounds, say, that it ruins the quality of radio and television signals. 2. Right to sunlight: Generally, a landowner has no right to sunlight. For instance, an owner almost never acquires an easement of “light and air” by implication or even by necessity