Air Rights and the Air Space Act

Abstract

It has been said that "castles in the air are the only property you can own without the intervention of lawyers. Unfortunately, there are no title deeds to them". Times have changed. The Air Space Act' enacted by the New Brunswick legislature in 1982 provides a modern vehicle for the conveyance of interests in air space, separate from the ownership of the soil below. This article explores the concept of strata ownership at common law, the provisions of the Air Space Act and their particular application to the Market Square development in Saint John, New Brunswick.