Avigation Easement Law and Legal Definition

Avigation easement is an easement or right of overflight in the airspace above or in the vicinity of a particular property. It also includes the right to create such noise or other effects as may result from the lawful operation of aircraft in such airspace and the right to remove any obstructions to such overflight. Hence, avigation easement permits aircraft approaching an airport to fly at low elevations above private property. This in effect prevents the landowner’s near airports from building above a set height or requires the trimming of trees. There is a real and important difference between a clearance easement and an avigation easement and that the prior existence of one does not as a matter of law preclude the possibility of inverse condemnation of the other. [Adams v. United States, 230 Ct. Cl. 628 (Ct. Cl. 1982) ]