District of Columbia Avigation and Hazard Easement

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US-EAS-4
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This is a sample form for use in transactions involving easements, an Avigation and Hazard Easement. Grant to the Federal Aviation Association unobstructed use and passage of aircraft in and through airspace of the Grantor.

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.

The District of Columbia (DC) Aviation and Hazard Easement is a legal measure implemented to facilitate the safe operation of airports and the protection of public health and safety. This easement aims to manage potential hazards that may arise from aviation activities and ensure the unobstructed use of airspace in the DC area. Aviation refers to the protection of aircraft and their operations, while hazards pertain to potential risks to residents and properties in the vicinity of airports. One type of aviation and hazard easement in DC is the Noise Easement. This type of easement focuses on mitigating noise pollution caused by aircraft during takeoff, landing, and taxiing. It requires property owners near airports to allow for the passage of aircraft noise and restricts the use of their land in a way that could interfere with aviation activities. Noise easements often include provisions for monitoring noise levels, implementing noise-reducing measures, and offering compensation or incentives to affected property owners. Another type of aviation and hazard easement is the Height Restriction Easement. This easement focuses on maintaining clear airspace around airports by limiting the height of structures or objects within a defined radius. This helps ensure aircraft safety during takeoff and landing procedures. Property owners within the designated area have restrictions on constructing or altering buildings, towers, or structures that may impede upon the flight path or interfere with airspace access. Furthermore, the Flight Path Easement is another type of aviation and hazard easement seen in the DC area. This easement ensures the uninterrupted operation of aircraft by restricting land use and activities within designated flight paths. Property owners in these areas may have limitations on constructing tall structures, operating certain types of businesses, or engaging in activities that could pose hazards to aircraft navigation or communication. Overall, aviation and hazard easements in the District of Columbia provide an important means of balancing the interests of airports, aircraft operators, and the surrounding communities' safety and quality of life. By naming these various types of easements, the objective is to emphasize the diverse aspects that are considered in regulating aviation activities, noise pollution, height restrictions, and flight paths to ensure the efficient and safe operation of airports in the DC area.

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FAQ

An avigation easement typically means there is an airport nearby that is permitted to use the airspace above your property.

Owning the land or a building generally includes the rights to develop and use the airspace above that land or building, subject to applicable laws that affect those lands.

In real estate, air rights are the property interest in the "space" above the earth's surface. Generally speaking, owning or renting land or a building includes the right to use and build in the space above the land without interference by others.

Airspace development describes a technique whereby unused space on rooftops of existing buildings is converted into new homes. Using the latest construction techniques, airspace homes can be manufactured almost entirely off-site in factories to a high specification, and constructed on the rooftops in a matter of days.

"air space parcel" means a volumetric parcel, whether or not occupied in whole or in part by a building or other structure, shown as such in an air space plan; "air space plan" means a plan that.

An avigation easement is a property right acquired from a landowner which protects the use of airspace above a specified height, and imposes limitations on use of the land subject to the easement. Generally, uses that attract birds or interfere with pilot visibility and instrumentation are prohibited.

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Jun 9, 2011 — The following ROW policies and procedures are intended to establish a fair and efficient process for completing ROW acquisitions and transfers, ... Nov 7, 2005 — This advisory circular (AC) provides guidance to sponsors of Airport. Improvement Program (AIP) assisted projects to develop their land ...We have provided this sample Avigation Easement language to assist Sponsors with the preparation of an agreement for their specific location and situation. We ... Under District law, the owner of a property protected by an easement registered with the District must obtain written consent from the easement holder before a ... Methods Of Conveying, Transferring, Or Severing Air Rights From The Surface Area · A lease of air rights above a fixed plane, together with the air and ground ... Condemnation proceedings by District of Columbia. When real property in the District of Columbia is needed by the Mayor of the District of Columbia for sites of ... The term “real estate” or “land” shall be deemed to include a parcel with or without an upper or lower boundary, and space that may be filled with air or water. Jan 28, 2021 — As long as you follow local zoning and building code rules, you can put up a fence, repave the driveway or build an addition to the house to ... This report discusses airport-compatible land-use re- quirements, the legal issues related to achieving airport- compatible land use, and legal issues ... An additional zone known as the Airport Hazard Overlay Land Use District exists to insure against ... easement acquisition falls within Zone. X (areas determined ...

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District of Columbia Avigation and Hazard Easement