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Old Jun 24, 2013, 03:54 PM   #26
Eraserhead
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Originally Posted by jeremy h View Post
This retention of rights doesn't surprise me. It's also quite possible here to buy land but not have the sporting rights included.
Its also quite possible to buy land with a public right of way through it - which you then have to maintain.
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Old Jun 24, 2013, 04:24 PM   #27
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... More on-topic, though, aren't there places (NYC possibly among others) where you can sell the space above your property separately too?
I believe the early American railroad companies were among the first to come up with adequate legal justification for selling/leasing the rights to their land's air space.

I can remember seeing the subject come up in various (national) newspapers in the last thirty or so years. So I'm assuming the practice is more widespread than just NYC.
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Old Jun 26, 2013, 10:13 PM   #28
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More on-topic, though, aren't there places (NYC possibly among others) where you can sell the space above your property separately too?
I believe in Portland Oregon, the city center has a strict limit of something like 25 stories tall for any building, but there are at least two 40 story buildings downtown: they were able to do this by borrowing the airspace above an adjacent structure. This has the advantage of preventing the city from becoming a grid of canyons, by creating areas of open sky amongst the towers.
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Old Jun 27, 2013, 03:14 AM   #29
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More on-topic, though, aren't there places (NYC possibly among others) where you can sell the space above your property separately too?
It's sort of possible in the UK too actually. It is not quite selling, but you can grant a legal easement to another landowner over your land, which will bind successive owners of the land. This could include something mundane like the right to fly a kite over your land - effectively granting rights over your airspace to do something that would otherwise be trespass.

Interestingly under English law you technically own all the air above your land up to the heavens, but you can only exercise control up to a reasonable height, which is why you can't stop aircraft flying overhead.
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Old Jun 27, 2013, 08:10 AM   #30
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So I own a home with land. I sell it to someone else who now owns the home and land. But I can still come back with a drill rig and start tearing up their yard, with the owner getting nothing in return, even though they own the house and land?
It depends. When you sell the home (and land) to someone else, there's some paperwork you have them sign that discloses that you're retaining mineral rights. They then read and sign it. It's pretty standard practice around here (Texas, but also when I lived in Oklahoma). It might sound like small consolation, but there's full disclosure to the buyer that they aren't buying mineral rights with the land.
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Old Jun 27, 2013, 10:16 AM   #31
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Interestingly under English law you technically own all the air above your land up to the heavens
Is that how they phrase it?
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