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Air rights refer to right to control, occupy, or use the vertical air space above a property, subject to necessary and reasonable use by others. The basis of air rights corresponds with the boundaries of the real estate described in the grant.
The following is an example of a case law on air rights:
An air right is the right-of-way in the airspace owned by a person over his land. Air rights are ‘over’ not ‘on’ the right-of-way. [Chicago Union Station Co. v. Korzen, 96 Ill. App. 3d 780, 785 (Ill. App. Ct. 1981)].