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Authors

Terence Kennedy

Abstract

Originally, airspace was considered to be a form of land inseparable from the soil owned by the surface landowner. Over time, however, the law has allowed airspace to be severed from the soil, enabling the surface landowner to alienate the airspace while retaining title to the soil. New York City Zoning Resolution section 12-10 has advanced this modern notion by limiting buildable floorspace and permitting transfer of airspace. This Note details the history and uses of airspace, and proposes that the amended section of 12-10 both modernizes our stationary concept of real property and establishes airspace property interests as being necessarily linked to the equivalent property interest in the land below.

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