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Legal Definitions - navigation easement

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Definition of navigation easement

A navigation easement is a type of easement that allows for unimpeded aircraft flights over a servient estate. An easement is an interest in land owned by another person, consisting of the right to use or control the land for a specific limited purpose. The land benefiting from an easement is called the dominant estate, while the land burdened by an easement is called the servient estate.

For example, if an airport is located near a residential area, the airport may have a navigation easement over the nearby properties to ensure that aircraft can fly over them without obstruction. This easement allows the airport to regulate navigable airspace, even if it interferes with private property rights.

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Simple Definition

A navigation easement is a type of legal agreement that allows someone to use or control a piece of land owned by someone else for a specific purpose, such as traveling across it to get to a public road. The land that benefits 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. Some common types of easements include a right-of-way, a right to water, and a right to light and air.

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