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airstrip rights over property owner

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jperry1227

Junior Member
in Owyhee county Idaho,

My wife and i have about 13.8 acres in the country and a her brother flies airplanes and has his own air craft repair shop in Nampa. On the family property was 80 acres split 7 ways, it is a half mile long and flat on one side so this guy got permision to land and built a home on his section of land, now he acts like he owns the hole thing and the other siblings let him do what he wants. my wife and i want to build on our peace but the only flat area is being used for runway for her brother to land his plane on. we cannot get any backup from the other siblings.
We are extremely frustrated and angry with the situation.

What can we do to get our property back, he has been using it for 4 years now and everyone says we cannot stop him since the flat is now a runway.:mad:
 


FlyingRon

Senior Member
Permissive use can be revoked by the owner at any time. There's nothing magic about airports (even if this guy bothered to file this as an airport which he was technically required to do but probably didn't).
 

HuAi

Member
You'll need to get a survery (if you dont already have one) to establish which part of the land belongs to you, have the surveyor mark the boundary. You may want to take this opportunity to put up a fence along the boundary line (up to you). Legally you don't need any backup from the other siblings, they are just your neighbors (legally).

Send the brother a certified letter stating you plan to begin construction on such and such date and are revoking permission for him to use your section of the land as a landing strip. Expect lots of drama and for things to get messy. Technically you don't need a lawyer for this, but he may provide professional and more importantly detached guidance through the process.

Does he have any permanent structures in place (e.g. did he pave over the strip).
 

jperry1227

Junior Member
no pavement just dirt, it was surveyed 4 years ago, but i am going to have new pins put in place on the hills to make sure there is no mistakes on property lines.


thanks to everyone who has input on this i have gotten more info in a few days with you than i have been able to find from local government officers and friends that are in real estate for over 30years.

:)
 

justalayman

Senior Member
just do not do anything to the property that would endanger your brother should he not be aware of those alterations.

that will get you into trouble.
 

FlyingRon

Senior Member
so i don't have to go to an attorney and file papers then contact faa to get the air strip removed.
If it's your land, just revoke use.

The FAA plays no role in approving the construction or removal of airports, unless you take federal funds to build it.
The only thing they require is that you give 30 day notice prior to constructing one, but I've never heard of the FAA
going after someone for failure to do so.
 

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