Overview

right to air


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The right to a flow of air over land or buildings from neighbouring premises. It may be enjoyed on any terms agreed by personal arrangement between neighbouring landowners, but can only exist as an easement if the right can be sufficiently defined. Thus an easement for the flow of air through a specific ventilation passage may exist, but a right to a general flow of air over the chimneys of a house does not qualify as an easement so is not an interest in the land itself.

Subjects: Law.


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