gollum
 
Reply Mon 7 Sep, 2015 12:27 pm
In a certain area of New York City, a land owner may erect buildings up to (say) 100 feet in height.

A land owner owns two contiguous plots. On one plot he erects a 200 foot building. He leaves the other plot empty.

He is permitted to exceed the 100 foot limit by transferring the air rights from the empty plot to the plot where he is erecting his 200 foot building.

However the 200 foot building blocks vastly more sunlight from the adjacent neighborhood, than two 100 foot buildings would have blocked.

What is the public purpose logic of allowing transfer of air rights?
  • Topic Stats
  • Top Replies
  • Link to this Topic
Type: Question • Score: 1 • Views: 753 • Replies: 4
No top replies

 
HesDeltanCaptain
 
  -1  
Reply Tue 8 Sep, 2015 07:25 am
@gollum,
Why do you think logic has a part in laws? Wink In all likelyhood, that law came about after many handjobs and dinners to fancy restaurants.
0 Replies
 
PUNKEY
 
  1  
Reply Tue 8 Sep, 2015 08:32 am
@gollum,
That's crazy.

Height limits go with each lot. He can't "double up" or transfer zoning regulations onto one lot.

Do you mean that if he owned 6 lots, the building could have been 600 feet high?
gollum
 
  1  
Reply Tue 8 Sep, 2015 02:36 pm
@PUNKEY,
PUNKEY-

Thank you.

I do not know all the aspects and interpretations of the law. I do know of cases in New York City where the air rights of one property are sold to an adjacent property. If the plot having the air rights is owned by a different party then the land owner of the adjacent property, then the first land owner needs to sell his air rights to the second land owner.

You state "he can't." I state I think that it is a crazy system. I guess you don't live in New York City.
0 Replies
 
Shineseyal
 
  -1  
Reply Thu 11 Feb, 2016 01:18 am
@gollum,
No idea about this.
0 Replies
 
 

Related Topics

 
  1. Forums
  2. » Air Rights
Copyright © 2021 MadLab, LLC :: Terms of Service :: Privacy Policy :: Page generated in 0.03 seconds on 03/02/2021 at 01:54:12