PAISAJES EMERGENTES – HEATHROW AIRPORT FORT

“Property owners may waive any putative notion of “air rights” near an airport, for convenience in future real estate transactions, and to avoid lawsuits from future owners who might attempt to claim distress from overflying aircraft. This is called a navigation easement. “At the same time, the law, and the Supreme Court, recognized that a landowner had property rights in the lower reaches of the airspace above their property. The law, in balancing the public interest in using the airspace for air navigation against the landowner’s rights, declared that a landowner owns only so much of the airspace above their property as they may reasonably use in connection with their enjoyment of the underlying land. In other words, a person’s real property ownership includes a reasonable amount of the airspace above the property. A landowner can’t arbitrarily try to prevent aircraft from overflying their land by erecting “spite poles”for example. But, a landowner may make any legitimate use of their property that they want, even if it interferes with aircraft overflying the land” 

Source: thefunambolist.net

Reblogged from paavo with 95 notes / 01.08.11 / Permalink