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How air rights and vertical boundaries shape commercial developments

On Behalf of | Nov 19, 2024 | Commercial Real Estate

As cities grow upward, commercial developers face new challenges in understanding air rights and vertical boundaries. These concepts greatly influence urban development and property values.

Urban areas transform over time, often intensifying development in both city centers and suburbs. This change affects how developers and property owners use space above ground level.

The value of air rights

Air rights cover the space above a property. Their value can match or beat the land’s worth in thriving urban centers. Commercial developers may benefit from knowing that:

  • People can buy, sell or lease air rights separately from the land.
  • Air rights set building height limits and development potential.
  • They affect neighboring structures and future commercial projects.

These factors play a key role in urban commercial growth. As developers build more multi-story offices and mixed-use complexes, air rights become more important.

Understanding vertical limits

Vertical boundaries typically start at the property line and extend upward and downward from that line. For commercial developments, consider:

  • Subsurface rights for underground parking or utilities
  • Airspace above the land for more floors or rooftop features
  • Shared spaces in multi-story commercial buildings

These elements are particularly significant in dense urban areas and mixed-use buildings with multiple owners or purposes.

Potential disputes for commercial property developers

As cities build up, commercial developers should watch out for legal problems with air rights and vertical boundaries. Common issues include:

  • Conflicts over obstructed views
  • Disagreements about shared areas in multi-tenant buildings
  • Negotiations regarding air rights acquisitions for expansion

Many cities now see air rights as valuable assets and have adapted laws to support vertical urban growth. These boundary concepts can greatly affect property value, growth potential and project success.

Resolving related issues early on can prevent costly legal disputes and project delays. In the face of potential boundary disputes, developers and property owners can consider consulting with a real estate litigation attorney. They can offer strategies tailored to specific situations and local regulations.

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