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Checking for Avigation Easements When You Are Buying Land

The County of San Diego Avigation Easement Requirements

Good morning. Today I want to bring to light the avigation easement, which we’re dealing with on a project right now. We submitted the plans to the county of San Diego and when the corrections came back, they required an avigation easement. This is going to help you if you’re buying land, or if you’re getting ready to build a custom home on the property that you already own.

What is an Avigation Easement?

It is essentially the right for an airplane to fly over the top of your property. This could apply to you if you’re near an airport or you’re in a particular flight path where the planes come over or near your property. The avigation easement is going to limit the height of what you can build, and it will also give flying aircraft the right to go over your property. So, this came up on this particular property because the original home on it existed prior to the Witch Creek Fire. The home burned down in the Witch Creek Fire, and was built prior to the avigation easement requirement, therefore, the avigation wasn’t on the title report.

When Should I Check for an Avigation Easement?

During the process of when the current owner was buying the property, it was unknown that an avigation easement had been mandated. So, once we submitted the plans for this home down to the County of San Diego, the planner reviewed this and came back to us and stated that we needed an avigation easement as one of the corrections to get this new home approved for a building permit.

What you must do, even investigate when you pull your title report, you want to check with the planning department or the nearby airport, and make sure that there will not be an avigation easement required if it’s not already on the property when you pull that title report. This is something important to do during the due diligence period of when the land is in process to buy. If you’ve already got the land and you’re getting ready to build a new home or any structure on the land, you may have to take that extra step and get that avigation easement in place to get the actual building permit issued.

File with the FAA

They’re requiring us to do one additional step on this property They’re also requiring a document to be filed with the FAA that essentially states how tall the structure is going to be. You have to submit the plans to the FAA, and they have to approve it based on the height and the location of the property to make sure it’s not going to interfere with any aircraft that are flying over the property or near it.


All right, so I hope that helps you. If you’d like more information on how to buy land, or how to build a custom home, we have a ton of information on our website that you can download. That website iswww.tfgonline.com. Thanks for your time and have a great rest of your day.

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