Avigation Easements

What are Avigation Easements?

FAA AC 150/5100-17 CHG 6 states that where it is determined that fee title is not necessary, an avigation easement may be used to secure airspace for airport and runway approach protection and for noise compatibility programs.  An avigation easement is a conveyance of airspace over another property for use by the airport.  The owner of an easement-encumbered property (servient property) has restricted use of their property subject to the airport sponsor’s easement (dominant property) for overflight and other applicable restrictions on the use and development of the servient parcel. 

Easement rights acquired typically include the right-of-flight of aircraft; the right to cause noise, dust, etc.; the right to remove all objects protruding into the airspace together with the right to prohibit future obstructions or interference in the airspace; and the right of ingress/egress on the land to exercise the rights acquired.  The avigation easement on the property shall “run with the land” and any future owner’s use of the servient parcel is also restricted as described in the avigation easement.

The avigation easement provides the airport an indemnity from any future actions from the property owner from airport impacts and transfers to the new owner if the property is sold.