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Legal Definitions - avigational easement

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Definition of avigational easement

Definition: An avigational easement is a type of easement that permits unimpeded aircraft flights over the servient estate. It is a legal right that allows aircraft to fly over a property without being considered a trespasser.

Example: An airport has an avigational easement over the surrounding properties. This means that planes can fly over these properties without being considered a trespasser.

Explanation: An avigational easement is a specific type of easement that is granted to aircraft. It allows planes to fly over a property without being considered a trespasser. This type of easement is important for airports and other aviation-related businesses that need to fly over neighboring properties. Without an avigational easement, these flights could be considered a trespass, which could lead to legal issues.

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Simple Definition

An avigational easement is a type of legal agreement that allows airplanes to fly over someone else's property without any obstructions. It's like a permission slip that the airplane has to fly over the land. The land that benefits from the easement is called the dominant estate, while the land burdened by the easement is called the servient estate. This type of easement is different from a lease or license because it doesn't give the holder the right to possess, take from, improve, or sell the land.

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