Property Ownership

What is an 'air right' in Delaware real estate?

AThe right to install HVAC equipment on a building rooftop
BThe right to use the space above a parcel of land — which can be sold, leased, or developed separately from the surface rights✓ Correct
CThe right to operate an aircraft over private property
DThe right to ventilation and natural light guaranteed to all Delaware property owners

Explanation

Air rights are property rights in the space above a parcel. In Delaware, air rights can be sold or leased separately (e.g., selling air rights above a low-rise building to allow a developer to build above it). Air rights transfers require careful legal documentation and coordination with local zoning authorities.

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