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Overhead Air Rights

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HappyHusband

Senior Member
Texas.
I own a townhouse in Houston. A developer is building an eight story condo next door. They have a tower crane that sometimes swings over my house, and sometimes, when they are not working, the crane swings freely over my house, on its own.
What rights do I have regarding this intrusion into my air space? They could theoretically drop a large load on my house, causing damage or death.
Is this illegal? Did they need a permit to cross over my property?
Any help would be appreciated.
Thanks.
 


ok, don't take this for fact, but overhead rights are very few if any in texas. airplanes can fly over your house and trees from bordering properties may hover over your property as well. the crane thing is interesting because there seems to be some neglect on their part for letting it hang over your house when they're not working. i'd go after them for that. also, if the area they're using for construction isn't adequately secure, like a fence, then they are an "attractive nuisance". an attractive nuisance is private property that has child attractive things like heavy machinery. the law is to protect children from wondering into dangerous areas even if the child is tresspassing. it puts the liability on the property owner to secure his property from children and believe me, a crane on unsecure land is an attractive nuisance, no judge will dispute that.
 

stephenk

Senior Member
atxcoolguy said:
ok, don't take this for fact, but overhead rights are very few if any in texas. airplanes can fly over your house and trees from bordering properties may hover over your property as well. the crane thing is interesting because there seems to be some neglect on their part for letting it hang over your house when they're not working. i'd go after them for that. also, if the area they're using for construction isn't adequately secure, like a fence, then they are an "attractive nuisance". an attractive nuisance is private property that has child attractive things like heavy machinery. the law is to protect children from wondering into dangerous areas even if the child is tresspassing. it puts the liability on the property owner to secure his property from children and believe me, a crane on unsecure land is an attractive nuisance, no judge will dispute that.

Your post has absolutely nothing to do with what the original poster was asking.

The crane swinging over you house is okay. If and when "a load" drops on your house or property then you have a claim against the developer.
 

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