Õhuruume

Õhuruume is an Estonian concept that translates to "airspaces" or "air rights." It refers to the three-dimensional space above a parcel of land. This space is considered part of the property and the owner has exclusive rights to it, up to a reasonable height necessary for the enjoyment and use of their land. The concept is fundamental in property law and zoning regulations.

The extent of õhuruume is not strictly defined by a fixed altitude but rather by what is considered necessary for the landowner's reasonable use. This typically includes the space needed for buildings, trees, and other structures associated with the property. It also extends to the right to prevent intrusions into this space, such as aircraft flying at excessively low altitudes or the projection of objects over the property line.

In urban planning and development, õhuruume plays a crucial role. Zoning laws often dictate what can be built in these airspaces, including height restrictions and requirements for setbacks. Developers may sometimes acquire or lease õhuruume from neighboring property owners to construct taller buildings or to extend existing structures. This concept is particularly relevant in densely populated areas where vertical development is common.

The rights associated with õhuruume can be separated from the ownership of the land itself, allowing for complex property arrangements. For instance, a developer might purchase the õhuruume above a ground-level retail space to build apartments above, while the retail owner retains the ground-level property. Understanding õhuruume is therefore essential for navigating property transactions and development projects in Estonia.