Legal Definitions - avigational easement

An avigational easement is a legal right that allows aircraft to fly through the airspace above a specific piece of private property, typically at low altitudes, without the property owner being able to claim trespass or nuisance. It is essentially a restriction placed on a property to ensure clear and safe flight paths for aircraft, often benefiting an airport or a governmental aviation authority.

This type of easement grants the right to use the airspace and may also impose limitations on the height of structures, trees, or other objects on the land beneath it, preventing anything that could interfere with aircraft operations or navigation signals.

Here are some examples:

• Imagine a homeowner who buys a house located a few miles from a major international airport. The property deed includes an avigational easement. This easement means that aircraft approaching or departing the airport have the legal right to fly over the homeowner's property at certain altitudes. As a result, the homeowner might be restricted from building a very tall addition to their house or growing trees beyond a specified height, ensuring that the flight path remains clear and safe for planes.

• Consider a large farm situated adjacent to a military airbase. The government holds an avigational easement over portions of the farmland. This easement permits military jets and transport planes to conduct low-altitude training exercises or approach/depart the base directly over the farmer's fields. While the farmer still owns the land, they cannot legally object to the noise or presence of aircraft flying within the easement's specified airspace, nor can they erect structures that would impede these military operations.

• A developer plans to construct a new office building in a city where a private heliport operates on a nearby rooftop. Before construction begins, the developer discovers that an avigational easement exists over the proposed building site, benefiting the heliport. This easement dictates that the new office building cannot exceed a certain height to ensure helicopters have an unobstructed approach and departure path. The developer must adjust their building plans to comply with this height restriction, even though the building would otherwise be within local zoning limits.