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Legal Definitions - aviation easement

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Definition of aviation easement

An aviation easement is a type of easement that permits unimpeded aircraft flights over the servient estate. An easement is an interest in land owned by another person, consisting of the right to use or control the land, or an area above or below it, for a specific limited purpose. The land benefiting from an easement is called the dominant estate, and the land burdened by an easement is called the servient estate.

For example, if an airport needs to fly over a neighboring property to access a runway, they may obtain an aviation easement from the neighboring property owner to ensure unimpeded flights. This easement would allow the airport to use the airspace above the neighboring property for the specific purpose of aircraft flights.

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Simple Definition

An aviation easement is a type of legal agreement that allows airplanes to fly over someone else's property without interference. It is a limited right to use or control the land, or an area above it, for a specific purpose. The land benefiting from the easement is called the dominant estate, while the land burdened by the easement is called the servient estate. Unlike a lease or license, an easement may last forever, but it does not give the holder the right to possess, take from, improve, or sell the land.

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