Air rights above a downtown building may be:
Correct Answer
A) Sold or leased separately from the surface estate
Why this is correct: Air rights are a separable part of the bundle of rights in real property. They can be sold, leased, or transferred separately from the surface estate, often as development rights. Why the other choices are wrong: Air rights are not held only by the municipality; they are part of the private estate. They can be transferred without demolishing the building first. They are not automatically included in every surface conveyance forever; they can be severed. Exam tip: Think vertically. The bundle of rights can be divided horizontally (subsurface, surface, airspace).
Why This Is the Correct Answer
Why this is correct: Air rights are a separable part of the bundle of rights in real property. They can be sold, leased, or transferred separately from the surface estate, often as development rights. Why the other choices are wrong: Air rights are not held only by the municipality; they are part of the private estate. They can be transferred without demolishing the building first. They are not automatically included in every surface conveyance forever; they can be severed. Exam tip: Think vertically. The bundle of rights can be divided horizontally (subsurface, surface, airspace).
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