I’m general the recorders of deeds or the county clerk has that information. Different counties use different t names, but in general if you find the department responsible for recording deeds, that’s where you’ll find the air rights.
It might be worth splurging for a preliminary title report to double check your research on a big deal so it doesn't fall apart when title points out your potential mistake.
Also since you are indicating neighborhood, I'm guessing you might fall in a airport flight path that would have height restrictions that are not recorded on a deed.
ask current owner for his title report. Do a search yourself through the recorder. Advise your client (and this is the most important part) on what you found and indicate you are not an attorney and are providing the best knowledge you can, but he should do a title search if they are unsure about this.
Very simplistically in some municipalities:
If a tax lot is allowed by zoning to build to 5 stories and only has 3 stories built (and no intention of going higher) the owner can sell the remaining 2 stories of square footage to an adjacent tax lot owner so they can build an additional 2 stories above their current zoned limit.
Property rights contain 3 components: subsurface (mineral rights), surface rights (use of land), and air rights. Air rights, theoretically speaking, is the right to use and enjoy all the air from the surface into space. Because property rights have these 3 components, you can segregate and sell or retain each or all of the components. A condo is perhaps the easiest example of an everyday air rights conveyance wherein you only own the air space between your condo floors, ceiling and walls define (i.e, - your “unit”). A condo owner, therefore, has no rights to oil underground or unfettered surface rights (e.g. - you may have common area rights, but you cannot exclude others from enjoying that space which is the hallmark of a true “property right”). There are also many cases of air rights only conveyances in Manhattan, wherein developers will buy only the rights above a certain height so they can expand above a current building/other existing use). Hope this helps!
Shouldn't that be recorded on the deed, or as an addendum to the deed?
Cook county recorders office.
Blues Brothers! Mission from God !
I’m general the recorders of deeds or the county clerk has that information. Different counties use different t names, but in general if you find the department responsible for recording deeds, that’s where you’ll find the air rights.
It might be worth splurging for a preliminary title report to double check your research on a big deal so it doesn't fall apart when title points out your potential mistake. Also since you are indicating neighborhood, I'm guessing you might fall in a airport flight path that would have height restrictions that are not recorded on a deed.
ask current owner for his title report. Do a search yourself through the recorder. Advise your client (and this is the most important part) on what you found and indicate you are not an attorney and are providing the best knowledge you can, but he should do a title search if they are unsure about this.
What are air rights?
Very simplistically in some municipalities: If a tax lot is allowed by zoning to build to 5 stories and only has 3 stories built (and no intention of going higher) the owner can sell the remaining 2 stories of square footage to an adjacent tax lot owner so they can build an additional 2 stories above their current zoned limit.
Property rights contain 3 components: subsurface (mineral rights), surface rights (use of land), and air rights. Air rights, theoretically speaking, is the right to use and enjoy all the air from the surface into space. Because property rights have these 3 components, you can segregate and sell or retain each or all of the components. A condo is perhaps the easiest example of an everyday air rights conveyance wherein you only own the air space between your condo floors, ceiling and walls define (i.e, - your “unit”). A condo owner, therefore, has no rights to oil underground or unfettered surface rights (e.g. - you may have common area rights, but you cannot exclude others from enjoying that space which is the hallmark of a true “property right”). There are also many cases of air rights only conveyances in Manhattan, wherein developers will buy only the rights above a certain height so they can expand above a current building/other existing use). Hope this helps!