A valid deed conveys fee ownership of a defined airspace parcel above a railroad corridor while reserving the surface to the railroad. What interest does the buyer acquire?
Correct Answer
D) A separate estate above a defined plane
Under the stated valid deed, the buyer receives fee ownership of the defined airspace parcel, a separate estate above the specified plane, while the railroad retains the reserved surface. It is neither a lease of that surface nor ownership of the entire corridor. Support, access, permitted development and other related rights require their actual instruments and applicable law; they are not automatically conveyed by the label alone.
Why This Is the Correct Answer
Under the stated valid deed, the buyer receives fee ownership of the defined airspace parcel, a separate estate above the specified plane, while the railroad retains the reserved surface. It is neither a lease of that surface nor ownership of the entire corridor. Support, access, permitted development and other related rights require their actual instruments and applicable law; they are not automatically conveyed by the label alone.
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