Few people understand air rights including many lawyers, aviators and entrepreneurs. The subject has not been very interesting since the early days of aviation when the FAA established basic flight rules. Recently an interesting debate has emerged amongst the drone community and property rights advocates about where drones will be allowed to fly.
Drone delivery will likely create some interesting discussions about this new form of commerce.
- Air rights are property rights deeded with title.
- There is a maximum height for air rights above which all airspace is considered a public resource.
- Drones flying within private airspace without permission are trespassing.
- All real property is defined by three dimensions (length, width and height)
- The FAA cannot unilaterally grant permission to fly in private airspace without congressional legislation.
The best legal argument for air rights as they relate to drones and urban air mobility can be found here: