Airspace Rights

Learn about airspace rights in Canadian real estate — what they are, how they’re used, and their impact on property value.

Airspace Rights

August 01, 2025


What are Airspace Rights?

Airspace rights are the legal rights to control, use, or sell the space above a parcel of land, separate from the ownership of the land itself.

Why Airspace Rights Matter in Real Estate

In Canadian real estate, airspace rights can be a valuable asset in dense urban areas where vertical development potential exists.



Key facts:
  • Can be sold, leased, or transferred independently
  • Governed by municipal zoning and height restrictions
  • Often leveraged to build upwards or develop bridges and overpasses



Understanding airspace rights allows property owners to maximize land value and development potential.

Example of Airspace Rights in Action

The developer acquired airspace rights from a neighbouring building to construct additional floors on their tower.

Key Takeaways

  • Grants legal control over space above land
  • Can be separated from land ownership
  • Valuable in urban high-density markets
  • Subject to local planning regulations
  • Enhances property development opportunities

Related Terms

Additional Terms

Recourse Loan

A recourse loan is a type of loan where the lender can pursue the borrower’s personal assets, beyond the collateral, in the event of default.. more

Pari Passu

A pari passu clause is a contractual provision ensuring that multiple creditors share equally in repayment priority from the borrower’s assets.. more

Non-Recourse Loan

A non-recourse loan is a type of loan where the lender’s only remedy in case of default is to seize the collateral property; the borrower is not. more

Net Operating Income

Net operating income (NOI) is the total income generated by a property after operating expenses are deducted but before taxes and financing costs.. more

Mechanic's Lien

A mechanic’s lien is a legal claim by a contractor, subcontractor, or supplier for unpaid work or materials provided for a property.. more

Lis Pendens

Lis pendens is a legal notice filed in the land registry indicating that a property is subject to ongoing litigation that may affect its title.. more

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