What is avigation easement? How does it affect a homeowner?

If you’re planning to buy a house near an airport, you should know about avigation easement. This easement, also known as aviation easement, is all about acquiring air rights near airports. The authorities decide how close airplanes can get to buildings or which property lines they can cross. It’s like a rulebook for the sky around certain properties.

What is an avigation easement?

An avigation easement is like a permission slip for airplanes to fly over or near a specific property. It includes the right to make noise and other effects that come from airplanes flying there. Also, this means that people near airports can’t build tall structures or have trees that might get in the way of planes taking off or landing. It’s important to know that having one type of easement doesn’t automatically stop the possibility of having another.

Why is avigation easement necessary?

Avigation easements are necessary to ensure the safety of air traffic around airports. They help control land use to prevent structures or activities that could interfere with aircraft operations, protecting both pilots and people on the ground.

Keep in mind that airports must have free space around them. If there are tall buildings, trees, or distracting property features nearby, safety is at stake.

The Federal Aviation Administration (FAA) mandates an avigation easement for properties that are too close to the airport. 

This easement controls what can be done with the land to avoid flight hazards and keep the airspace clear. When airports get federal money for improvements, they have to follow FAA rules. Some rules say they need to get enough property rights to protect both pilots and people on the ground.

How does the easement affect the rights of a property owner?

An avigation easement is a kind of right from a landowner that protects airspace use. It typically includes structures above a certain height and limits how the land can be used. 

These easements have details about rights and restrictions, including a document called Exhibit X. It shows the heights and dimensions of the easement and may point out things such as trees or structures that go too high. The easement’s slope and size follow FAA standards based on the specific runway approach.

The easement rules fall into three main categories: restrictions on property use, the right for pilots to cause some side effects such as noise, and height limits for natural and manmade structures.

Avigation easements specify actions that the property owner can’t do, like anything that might get in the way of a pilot or block an aircraft’s movement. This rule covers both the airspace and the space around an airport’s runway. For example, things or activities that attract birds or mess with pilot visibility are usually not allowed. Structures or plants that go above the specified heights must be taken down.

Air rights might not raise concerns for most homebuyers. It’s unlikely that you’d want to turn your single-family home into a 10-story structure. However, it can be challenging because various factors can impact aviation. According to the FAA, even a holiday laser light display can pose a risk to pilots.

Read more: What is an easement appurtenant, in real estate?

Is there a good example of an aviation easement?

Suppose Mike and Sarah own a house close to an airport. On their property, there’s a sizable pond that attracts many birds. The local government plans to expand the airport’s runway and to comply with aircraft landing regulations, they need the airspace around it to be clear of obstructions. Since the birds attracted to the pond could pose a risk to aircraft, an avigation easement is acquired. 

A home appraiser evaluates the situation and determines that the pond adds $200,000 to the home’s value. The government then instructs Mike and Sarah to remove the pond, compensating them for the assessed amount.

What are the other types of easements?

There are three common types that residential homebuyers or owners often encounter: utility, public, and private.

A utility easement grants utility companies access to resources such as electricity and water on your property. These easements are mainly used for repairing and upgrading utility connections or adding connections for new users. For instance, if you have a water main at the end of your driveway, the water company would need access to your property if there’s a break or if a newly built house needs to connect to it.

A public easement occurs when the public has the right to use specific parts of privately owned property, such as streets, highways, or paths. The practical application of this right can vary, but generally, it means that people are allowed to walk or drive through your property to reach another location.

On the other hand, private easements are agreements between two individual property owners to serve various purposes. A private easement can be relatively innocuous, like granting your neighbor the right to use a small portion of your property for their driveway or allowing them access to a path on your property leading to a lake or beach. 

It’s crucial to conduct thorough research when buying property to understand and be aware of any existing easements.

Read more: How much does an easement devalue a property?

Key takeaway

An avigation easement is a legal right acquired from a property owner to control airspace around airports. It aims to prevent obstructions that could pose hazards to flight safety.

The FAA is a key regulatory authority involved in aviation easements, especially around public airports. It sets standards and regulations to ensure safe airspace use and may require airports receiving federal funds to establish avigation easements as part of their compliance.

FAQs

Who typically grants avigation easements?

Property owners near airports typically grant avigation easements, recognizing the importance of maintaining clear airspace for the safety of aviation activities.

How are property values affected by avigation easements?

The impact on property values can vary. Factors such as the specific terms of the easement, the extent of restrictions imposed, and local real estate market conditions can influence the effect on property values.

What restrictions are commonly included in avigation easements?

Avigation easements often include restrictions on the height of structures, activities that attract wildlife, and anything that could interfere with pilot visibility. They may also specify the removal of structures or vegetation that outgrow specified heights.

Can existing structures or land uses remain within an avigation easement?

Whether existing structures or land uses are allowed within an avigation easement depends on its terms. In some cases, they may be permitted, while in others, they might need to be removed or modified to comply with aviation safety standards.

How are compensation amounts determined in avigation easements?

Compensation amounts are typically determined through a home appraisal process. Appraisers consider factors such as the property’s value and any decrease caused by the easement. Appraisers then evaluate the impact on property value and compensate accordingly.

Do avigation easements expire?

The duration of avigation easements can vary. Some may be permanent, while others may have a specified time limit. It depends on the terms negotiated between the property owner and the entity acquiring the easement.

Can property owners challenge avigation easements?

Property owners have the right to seek legal advice and challenge avigation easements. However, success in challenging an easement often depends on factors such as the public interest in aviation safety and adherence to established legal procedures.

Written by Ramona Sinha. December 11, 2023

Ramona is the Senior Content Writer for Kukun. This experienced blogger uses simple and succinct words to decipher the complex phenomenon called life. She has written articles covering a broad range of topics, such as real estate, lending and mortgage, finance, business, taxation, home designs, home improvement projects, decor concepts, and more. An avid traveler, she’s a digital nomad at heart and an animal lover from the depth of her soul.