Chap3Briefs - Air Rights Wing Ming Properties (U.S.A.) v....

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Air Rights Wing Ming Properties (U.S.A.) v. Mott Operating Ltd. Facts: Plaintiff Wing Ming wanted to build a twelve story building on his lot, so he purchased the air rights of the lot next to his property from Defendant, Mott Street Property and Kaplan. Mott and Kaplan conveyed their air rights to him in a document titled "1973 Conveyance of Air Rights." Ming needed these air rights to get around the current zoning laws in his area. Kaplan then made an agreement with the Bank of Central Asia to install air conditioning units and a parapet to conceal the units from view. This action was brought by Ming due to his fear that the air-conditioning units and parapets have increased the floor area and therefore would trespass on his conveyed air rights. Issue: What does "air rights" include in the 1973 Conveyance of Air Rights? Analysis: The court considered the intent of the parties in privity of contract. They looked at the language of the zoning laws surrounding the case as well. It was ground that excluded from the floor area definition is "floor space used for mechanical equipment and open terraces provided no more than 50% of it is enclosed by a parapet not higher than three feet eight inches." Decision: Due to the exclusion, the court entered in judgment for the defendant, the air conditioning units did not increase air-space and therefore there was no trespass. Trespass: Mineral Estate Mission Resources Inc. v. Garza Energy Trust Facts: Coastal owns both the surface and mineral estates of Share 12, appellees [Garza and Salinas families] own the surface of Share 13, and through leases with Coastal, a royalty interest in the Share 13 mineral estate. Appellees allege that Coastal's fracing of
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Chap3Briefs - Air Rights Wing Ming Properties (U.S.A.) v....

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