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Legal, Titles & Closing

Air Lot

Definition and meaning of Air Lot in real estate.

An air lot is a designated three-dimensional space of air above a specific parcel of land that can be measured and legally described. This space can be bought, sold, leased, or transferred independently of the surface land below it.

In more detail

Air lots are essential in urban areas where land is scarce and vertical development is common. They are used to legally define condominium units in high-rise buildings, allowing individual owners to hold title to their specific units in the sky. To define an air lot, a surveyor measures the space using elevations above a specific benchmark, or datum point, rather than just surface boundaries.

This allows for clear property ownership and the creation of separate tax parcels for each unit. Without air lots, the legal ownership of multi-story developments would be difficult to establish.

Key facts

CategoryLegal, Titles & Closing
Primary useCondominiums, high-rise buildings, and sky bridges
MeasurementDefined by elevation relative to a datum point
Legal characteristicCan be sold or leased separately from the ground
Example

A developer purchases an air lot located above a city parking lot to construct a multi-story residential condominium building.

Frequently asked questions

How is an air lot described in a deed?

An air lot description includes the elevations of its floor and ceiling relative to a local official benchmark, along with horizontal boundary lines.

Do you own the ground if you own an air lot?

No, owning an air lot only gives you title to the specified airspace; the ground beneath is typically owned by another party or held as a common element in a condominium.

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