4 Commonly Transferred Or Leased Rights In Real Estate Law

When people think about their rights under real estate law, they often focus on the use of the land associated with a property. However, there are many other rights. Likewise, people often lease or transfer these rights to other parties. Let's look at four such rights so you can develop a better idea of what your options are for transferring or leasing them.


One of the simplest rights to offer to someone else is transit. You will usually have the right to block others from crossing your property as long as there isn't a public easement there. If someone wants to transit your property, though, you could always offer them an easement permitting transit.

Suppose a neighbor has a shed on the far side of their property, away from the main roadway. They want to install a gravel road, but the best path to it would cross your property. You could offer them an easement that would allow transit. Likewise, the easement might include stipulations regarding the installation, use, and maintenance of the proposed gravel road.

Resource Rights

Many properties contain resources, particularly water, natural gas, and timber. In many cases, property owners have every right to exploit these resources as long as their usage doesn't conflict with public interests.

There might be high-quality trees on your property, for example. However, you probably don't run a logging company. That doesn't necessarily mean you can't profit from felling the trees, though. You could lease the timber rights to a logging company that would then clear the area. Especially if you wanted to clear the space, this is a good way to make some money while solving a problem.

Air Rights

Okay, a real estate attorney doesn't have a contract for leasing the rights to breathable air from your property. Instead, air rights refer to the rights associated with the view from a location. Particularly in dense urban areas, air rights can lead to real estate law disputes. If someone wants to erect a skyscraper, for example, they have to consider how much it would inhibit the view from surrounding buildings. Neighbors have the right to sue to protect their air rights, but developers may also consider purchasing the rights to compensate neighbors for the loss.


Particularly if you have a large property, you might not need all of it. One solution is to subdivide the property and ultimately create at least two new properties from the original. You can then transfer or lease the subdivisions to other parties.

For more information, contact a real estate attorney near you.