An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
California Aviation and Hazard Easement is a legal term used in the state of California to describe a type of easement that grants certain rights to aviation and hazard protection agencies or individuals over a particular property. The term "aviation" refers to aircraft navigation, while "hazard" pertains to potential risks associated with aviation activities. This easement is established to ensure the safety and efficient operation of aviation facilities, such as airports, heliports, and landing strips, as well as to mitigate hazards arising from nearby developments. In simple terms, it allows aviation authorities and related entities to exercise control over airspace and ground space around these facilities, ultimately ensuring the protection of both aircraft and the public. The California Aviation and Hazard Easement may encompass various aspects, including noise abatement, airspace protection, land use restrictions, and height restrictions for nearby structures. These measures are put in place to prevent potential hazards, while also minimizing excessive noise levels and disturbances caused by aircraft operations. Different types of California Aviation and Hazard Easements may exist, tailored to the specific needs of different airport or heliport facilities. These easements may vary in scope and duration depending on factors such as the size of the airport, its location, and the surrounding environment. Some common types of easements include: 1. Noise Easement: This type of easement sets limits on noise levels generated by aircraft operations, aiming to minimize disturbances to nearby residential areas or sensitive facilities. It may include restrictions on the number of flights, curfews during certain hours, or required use of noise-reducing technologies. 2. Airspace Easement: This easement grants aviation authorities control over the airspace above a specific property, ensuring unobstructed flight paths and maintaining safe distances from structures or obstacles. 3. Height Restriction Easement: It prohibits the construction of tall buildings or structures within a certain radius around the airport or heliport. This helps to maintain appropriate approach and departure clearances for aircraft, ensuring safety during take-offs and landings. 4. Land Use and Zoning Easement: It regulates the type of land use allowed in the vicinity of aviation facilities, ensuring that neighboring developments do not pose a hazard to aircraft operations or jeopardize public safety. It is important to note that California Aviation and Hazard Easements are established through legal agreements between property owners and aviation authorities or agencies. These easements are crucial in maintaining a balance between the needs of aviation operations, community development, and public safety, ensuring harmonious coexistence between aircraft activity and surrounding land uses.
