In Pennsylvania law, what is an example of a separate estate for air rights?

A condominium regime serves as a clear example of a separate estate for air rights in Pennsylvania law. This is because a condominium allows individual unit owners to own their specific units while sharing common areas with other owners. Each unit owner has distinct rights not only to the interior of their unit but also to the airspace above their unit, as well as the rights to certain common areas. This creates a separate estate, emphasizing both ownership and rights pertaining to air space.

In contrast, a leasehold interest, subsurface estate, or life estate do not represent a separate estate for air rights in the same way. A leasehold interest pertains to the rights someone has under a lease agreement, which does not inherently include ownership of air rights. A subsurface estate involves rights to minerals and other resources beneath the surface of the property, distinct from air rights. A life estate grants ownership for the duration of a person’s life, but does not create a separate air rights entity like a condominium regime does. Hence, the condominium model stands out as it distinctly incorporates air rights into the ownership framework.