Washington State Real Estate Practice Exam

What are Air Rights?

1. The rights to navigate airspace over another's property

2. The rights to use the open space above a property, generally allowing the surface to be used for another purpose

3. The rights to extract minerals from underneath another's property

4. The rights to build structures extending into adjacent property

The correct answer is: The rights to navigate airspace over another's property

Air rights refer to the rights to navigate airspace above a property, which means that the owner of the property has the right to control who is able to fly over their land. Option B, the right to use open space above a property, is not a complete definition of air rights and is more accurately known as "overhead easement" or "air space easement". Option C, the right to extract minerals, does not involve airspace and is more related to mineral rights. Option D, the right to build structures into adjacent property, is known as "encroachment" and does not specifically pertain to airspace. Therefore, A is the most accurate answer.