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You have asked a complicated question. Consider the following:

Ownership of real property can include rights in the airspace above the property. Airports can acquire easements from property owners or sometimes purchase properties outright when the noise level increases or the airport is expanded.

The value of property is devalued the closer it is to an airport. There is a methodology for evaluating the impact of noise on housing values and sellers must reveal noise factors to prospective buyers. Airports can acquire aviation easements over surrounding areas to prevent development. The Federal Aviation Administration has a single system of measuring aircraft noise and a single system for determining the exposure of individuals to noise in the vicinity of airports.

If you are experiencing problems originating from your proximity to an airport you need to consult with an attorney who specializes in real estate issues who can review your situation, examine the title to your property to determine if there is an existing easement, and explain your options.

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Q: Does the airspace over my property near an existing airport have value and is airspace real property?
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