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Legal Definitions - avigation easement

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Definition of avigation easement

An avigation easement is a type of easement that permits unimpeded aircraft flights over the servient estate. It is also known as an aviation easement, flight easement, or navigation easement. This type of easement is usually granted by the owner of the servient estate to the government or an airport authority to ensure the safety of air traffic.

For example, if an airport is located near a residential area, the government may require an avigation easement to prevent the construction of tall buildings or other structures that could interfere with the flight path of aircraft. This easement ensures that the airspace above the servient estate remains clear and safe for air traffic.

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Simple Definition

An avigation easement is a type of agreement that allows airplanes to fly over someone else's property without any obstructions. It's like a permission slip that the property owner gives to the airplane to fly over their land. An easement is a legal term that means someone has the right to use or control a piece of land for a specific purpose, but they don't own the land. The property that benefits from the easement is called the dominant estate, and the property that is burdened by the easement is called the servient estate.

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