Massachusetts Real Estate License Practice Test

What are air rights?

1. The rights to use the land below

2. The rights to use the air above the land

3. The rights to minerals found under land

4. The rights to any structures built on the land

The correct answer is: The rights to use the air above the land

Air rights refer specifically to the rights to use and develop the space above a parcel of land. This concept is particularly important in urban areas where buildings often extend vertically, and property owners may sell or lease their air rights to developers. These rights can enable the construction of high-rise buildings or other developments that utilize the space above existing structures, which can significantly enhance property value. In contrast, the other options focus on different aspects of property rights. The rights to use the land below pertain to subsurface rights, typically concerning mining or drilling. Similarly, rights to minerals found under the land exclusively address underground resources, while rights to any structures built on the land involve ownership of physical improvements rather than the vertical space above them. Understanding air rights is essential for real estate transactions, particularly in densely populated areas where air rights can become a valuable commodity.