Property Ownership
In Ohio, air rights above a property are generally:
AOwned by the federal government
BPart of the bundle of rights owned by the surface owner, subject to navigable airspace rights for aircraft✓ Correct
CAutomatically conveyed with any mortgage
DReserved for utility companies
Explanation
Property owners hold air rights above their land as part of the bundle of rights. However, these rights are limited by the public right of navigable airspace for aircraft.
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Key Terms to Know
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.
EasementA non-possessory right to use another person's land for a specific purpose.
Tenancy in CommonCo-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.
Right of First RefusalA contractual right giving a party the opportunity to match any offer received before the owner can accept it from a third party.
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