By R. Kymn Harp
PART I
Introduction to “Air Rights
In 30 out of 50 states, including Illinois and all other Midwestern states, the “Rectangular Survey System” is in effect. The Rectangular Survey System was adopted in 1785 to meet the needs of the Federal Government as it faced the challenge of dividing vast areas of undeveloped land lying west of the original 13 colonies. The system, developed under the direction of Thomas Jefferson, essentially divides the United States into rectangles measured in relation to lines known as Meridians and Base Lines.
Most people are conditioned to think of land in two dimensions: north/south and east/west. Descriptions of a parcel on a plat of survey typically refer to “a parcel of land X feet by Y feet” located in relation to an intersection or other identifiable landmark. When considering new development, people often picture the best place to locate their proposed building, parking, and drives. They think primarily in terms of land coverage for the type of building they want. If the parcel is larger than they need, they may consider subdividing the parcel to create two or more lots so they can sell or lease the excess land.
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