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What is an Air Rights Transfer?

An air rights transfer is a legal arrangement that allows a property owner to transfer or sell development rights for the airspace above their property to another party. This enables additional construction or increased building density on a neighboring property.

How Air Rights Transfers Work

  • Property owner transfers unused development rights
  • Buyer acquires rights to build additional floor area
  • Construction may extend into transferred airspace
  • Rights may also be resold for profit

Common Requirements

  • Properties generally share a common boundary
  • Properties must usually be within the same zoning district
  • Development must comply with density regulations
  • Transfer must follow applicable zoning rules

Air rights transfers allow property owners to monetize unused development potential while enabling neighboring properties to increase their building capacity.

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