Property Ownership

In NJ, 'air rights' above a property can be:

ANever transferred or sold separately from the land

BSeparately conveyed, leased, or sold as part of the real property interests, subject to FAA regulations and zoning height limits✓ Correct

COnly owned by the federal government

DAutomatically owned by adjacent property owners

Explanation

Air rights above a property (above a defined height) can be separately conveyed or leased in NJ, subject to FAA airspace regulations and local zoning height restrictions. This is common in dense urban areas like Newark and Jersey City.

People Also Study

Key Terms to Know

Zoning

Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.

Joint Tenancy

Co-ownership where two or more people hold equal, undivided interests with the right of survivorship — when one owner dies, their share passes to the surviving owners.

Tenancy in Common

Co-ownership where two or more people hold undivided interests that need not be equal and pass to each owner's heirs — no right of survivorship.

Deed

A written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).