The right to use, control, or occupy the space above a parcel of land, which can be sold or leased separately.
Why Air Rights matters on the exam
This term belongs to Property Ownership. The questions below are real items from Freehold's bank that use it - each one cites its source.
Exam questions using Air Rights
Every Freehold question shows why the right answer is right — and cites its source.
Air rights allow a property owner to:
Control airspace at any altitude with no government limitation whatsoever
Prevent all aircraft from ever flying over their property
Use, develop, or sell the open space above their land, subject to reasonable government regulation
Claim ownership of the airspace above adjoining properties
Show answer & explanation
Use, develop, or sell the open space above their land, subject to reasonable government regulation — Air rights let an owner use, lease, or sell the vertical space above their land, but those rights remain subject to reasonable regulations like zoning height limits and navigable airspace for aircraft.
Source: PSI National Real Estate Exam Content Outline §1 Property Ownership
A city allows a historic landmark's owner to sell the unused portion of the building height allowed by zoning to a developer of a nearby parcel. This practice is known as:
A taking through eminent domain
An escheat of title to the state
Title acquired by adverse possession
A transfer of development rights (TDR)
Show answer & explanation
A transfer of development rights (TDR) — A transfer of development rights allows an owner to sever unused air rights, or development potential, from one parcel and sell them to increase buildable height or density on another parcel, often to preserve historic buildings.
Source: PSI National Real Estate Exam Content Outline §1 Property Ownership
A downtown skyscraper is built directly above active railroad tracks using structural supports that don't disturb rail operations below. This is a practical application of:
Air rights
Riparian rights
Mineral rights
Littoral rights
Show answer & explanation
Air rights — Air rights can be severed from the surface and subsurface estates and developed independently, as illustrated by buildings constructed above railroad tracks or highways using the airspace as a distinct property interest.
Source: PSI National Real Estate Exam Content Outline §1 Property Ownership
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