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Purchasing Airspace - 6/16/2013 5:21 AM   
TexasAirBoss



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On the news tonight there was a segment on purchasing airspace. A retired couple in Seattle lived in a house with a nice view of the Puget Sound. Thier view was over the top of thier neighbors house. At some point the neighbors house went on the market. They bought it for $600k. Then they sold it, but retained ownership of the airspace over the house. They did this so nobody could add onto the house, or as often is the case in Seattle, knock the house down and build a taller one in its place. They wished to protect thier view. I thought this was amazing. And I wondered if this type of transaction could be conducted to benifit a flying club.

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RE: Purchasing Airspace - 6/16/2013 12:28 PM   
guver


 

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Interesting. I wonder how much a cubic yard of space is worth? I rent my air space really cheap.

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RE: Purchasing Airspace - 6/16/2013 1:41 PM   
tacx



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Are you saying that we own the air space over our homes? Not questioning your story, but I find that hard to believe.

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RE: Purchasing Airspace - 6/16/2013 1:44 PM   
STUKA BARRY


 

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Up to 499ft. The Gubberment owns the rest.

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RE: Purchasing Airspace - 6/16/2013 2:22 PM   
KW_Counter


 

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I could see this holding up in court, up until the time
they tried to restrict air traffic over their house.
It's not uncommon for Home Owners Associations
to have height restrictions to prevent blockage of views.

Interesting Story,

KW_Counter

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RE: Purchasing Airspace - 6/16/2013 2:28 PM   
karlik



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quote:

ORIGINAL: tacx

Are you saying that we own the air space over our homes? Not questioning your story, but I find that hard to believe.


Yeah, my thought exactly.

From the Seattle Times -

"Former Seattle Mariners first baseman John Olerud won a neighborhood dispute when the Clyde Hill Board of Adjustment ruled that homeowners across the street must remove two trees that obstruct his view of Lake Washington and the Seattle skyline."

Olerud toured the house, saw the hundred year old trees (rare chinese pines) and still bought the house then months later started the legal process to have the tress removed. Clearly, the homeowners (Bruce and Linda Baker) did not own the airspace above their own home.

I think what it boils down to is the person who is able/willing to put the most money into the dispute is the one who owns the airspace. If a developer buys the property with the intention of building bigger, I think that retired will find they didn't actually retain any rights or ownership.

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Quando omni flunkus moritati - (If all else fails, play dead)

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RE: Purchasing Airspace - 6/16/2013 2:47 PM   
TexasAirBoss



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I haven't found a link to the specific story I mentioned in the OP, but here is the link to similar airspace purchase agreements.

http://www.king5.com/news/local/Home-buyers-air-rights-211502141.html



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RE: Purchasing Airspace - 6/16/2013 3:13 PM   
larry@coyotenet


 

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Your confusing "air space" with "line of sight". Strictly a local covenants issue. Happens all the time in Boulder, Co. what with all the enviro nuts up there! Usually the trees are grandfathered in but I guess if you can buy off the local zoning board you can get the trees cut down! Seattle just as bad!

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RE: Purchasing Airspace - 6/16/2013 4:54 PM   
TexasAirBoss



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If you read the article, it mentions a legal Deed to the airspace. Many people might believe the US government owns the airspace over thier property, but the Air Commerce Act only provides an easement. There are certain situations like 9/11, for example, when the US government did temporarily confiscate the airpace. But that is more like a marshal law situation.

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RE: Purchasing Airspace - 6/17/2013 12:20 AM   
OliverJacob


 

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Around here you do not own the airspace above your house. Not sure about the state of Washington, but I doubt it. And the writer of these articles often don't do any research before 'informing' us with their facts.

If they bought and sold the house, they can put building restrictions in the contract. And if this would hold up in court is a different story.

What they are saying is that you can own the airspace above someone else's property...

 




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