What term describes the rights to the space above the surface of a property?

• A. Air rights
• B. Mineral rights
• C. Fixture
• D. Riparian rights

Answer: (A)

Air rights describe the rights to the space above the surface of a property. These rights can be owned, sold, or leased separately from the land itself, allowing someone to use or develop space above the surface—even to build taller structures by transferring density from one parcel to another. This concept is separate from mineral rights, which pertain to substances below the surface, and from riparian rights, which relate to water along a river or stream. It’s also distinct from fixtures, which are items attached to the property and become part of it. For example, a developer might buy air rights from a neighboring lot to permit a taller building, leveraging the space above the land rather than altering the surface ownership. Keep in mind that while air rights cover vertical space, governments regulate airspace for safety and air travel, so practical use operates within those rules.