Legal Definitions - avigation easement

An avigation easement is a legal agreement that grants a specific right to an airport or a government entity to use the airspace above a private property for the passage of aircraft. This easement typically includes restrictions on the height of structures, trees, or other objects on the property to ensure clear flight paths for aircraft taking off or landing. It also often compensates the property owner for the noise, vibrations, or other disturbances associated with aircraft operations.

• Example 1: Residential Property Near an Airport

  A homeowner purchases a house situated a few miles from a busy regional airport. As part of the property's legal documentation, they discover an existing avigation easement that covers a portion of their backyard. This easement legally prevents them from constructing any structure, such as a tall shed or a multi-story addition, beyond a specified height limit. It also restricts the growth of trees above a certain elevation, all to ensure that aircraft have an unobstructed approach path to the nearby runway.

  This example illustrates an avigation easement because it shows how the property owner's right to develop their land is restricted (height limitations) for the benefit of safe aircraft operations, allowing planes to use the airspace above their property.

• Example 2: Agricultural Land Adjacent to a Military Airbase

  A farmer owns a large tract of agricultural land directly adjacent to a military airbase. The military, needing to conduct low-altitude training exercises, acquires an avigation easement over a section of the farmer's fields. This easement grants the military the right to fly aircraft at very low altitudes over these fields and prohibits the farmer from erecting tall structures like grain silos or planting trees that could interfere with these flight operations. The farmer receives financial compensation for this agreement, acknowledging the intrusion and the limitations placed on their land use.

  This scenario demonstrates an avigation easement by showing a government entity (the military) acquiring the right to use airspace (low-altitude flights) over private property and imposing restrictions on the landowner's ability to develop their land (no tall structures) to support aviation activities.

• Example 3: Commercial Development Under a Flight Path

  A real estate developer plans to build a new office park in an area that falls directly beneath the designated flight path for a major international airport. To ensure the safety and efficiency of air traffic, the airport authority requires the developer to grant an avigation easement as a condition for construction. This easement specifically dictates that the maximum height of any building within the office park cannot exceed a certain limit, preventing it from becoming an obstruction to aircraft taking off or landing. The developer agrees to these terms, potentially receiving some form of consideration, to proceed with the project.

  This example highlights an avigation easement's role in dictating building height restrictions on commercial property. It ensures that new construction does not impede established flight corridors, thereby maintaining safe and efficient air travel.