Avigation Easement
Definition and meaning of Avigation Easement in real estate.
An avigation easement is a legal right granted to an airport operator over private property near the airfield, restricting the height of structures, trees, and other objects to ensure safe aircraft flight paths.
In more detail
This easement also grants the airport the right to generate noise, vibrations, and fumes over the property. Property owners near airports typically grant these easements in exchange for compensation or as a requirement for zoning approvals. The easement is recorded in the local land records and remains attached to the property title, binding all future owners.
Prospective buyers should check for avigation easements during the title search process, as they can limit future construction and affect property values.
Key facts
| Category | Legal, Titles & Closing |
|---|---|
| Who benefits | Airport operators and pilots |
| Applies to | Properties located in flight paths |
| Watch out for | Restrictions on building height and tree growth |
A homeowner living near a municipal runway is prohibited from building a two-story addition on their house because an avigation easement restricts the height of structures on their lot.
Frequently asked questions
Can a property owner cancel an avigation easement?
No, avigation easements run with the land and are permanent, meaning they cannot be cancelled by the property owner unless the airport releases the easement.
How does an avigation easement affect home values?
It can lower home values due to structural height limits and the legal acceptance of aircraft noise, dust, and vibrations.