Overfly Rights again

Thanks to those who responded with advice from my posts (below). More facts: 1. It would be a club purchase not individual. (the club is a legal entity) 2. The club has a lease on the 6 acres that overfly rights for the adjacent property are defined in the lease. 3. It's remote flood plane farmland, that there are only two houses around and they are miles away and due to location won't be changing. 4. In the next 25 years there is probably no possibility of the adjacent land being used for anything other than farmland. And the only change would be to rezone to light industrial, but levee upgrades, other available property makes that a long shot and way down the road. Even if that were to happen, the value of the 6 acres then would far offset the loss of use and provide funding for a new site. The real crux of the question is we're looking for a legal avenue to protect overfly rights, and would be willing to pay for those rights. The two potential issues we would be trying to protect are: a) The current adjacent owners at some date says you can't overfly. That hasn't been an issue, we've had a really good relationship with them. But obviously if for some reason they changed their mind the land is no longer usefull for the purpose we want it. b) If the adjacent land is sold, a new owner couldn't refuse overflight. This is a well extablished club, well managed and the owners like us there. But, the best financial interest would be the club owning rather than leasing and we have the means to buy the 6 acres but probably not the adjacent 40 which if you include the AMA suggested buffer zone.


"Considering buying 6 acres of land to fly off of. Parking, runway, pavilion has anybody delt with what is required to fly over adjacent property?" "A little more clarification. We already lease the property have for years, we want to buy it. We already have the permission to overfly the adjacent property, but currently since he is also to whom we pay rent, he holds both pieces of property and if he were to sell a piece of the overfly area we could just walk away, part of the lease agreement. Has anybody been involved in some type of sales agreement to which an over flight right of way has been negotiated? i.e. If he decides to decline over flight permission after the sale. I'm giving the simple version here. Actually the owner is a group of property owners, each owning a share of the acreage in the over flight area."

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Around here there are legal things called easements. The phone, electric and gas companies use them to obtain rights to run their lines, pipes etc. They own the right to use the property without owning the property.

You are at a point that you need the legal advise of a land use attorney to advise you on easements. This is a vehicle that can solve your problem. It's basically a lease.

Dan T.

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Is there any possibility of obtaining a lease on the area you wish to overfly? With (say) a 25 year lease on the overfly area it might be a proposition to buy the 6 acres, and of course you would include in your lease the right to sublease the land - eg for farming or grazing. You could even lease it back to the owners for a peppercorn etc - with you having flying rigths tand they having grazing/cropping rights. Everybody protected.


Phil wrote:

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