Oakdale, WI asked in Real Estate Law for Wisconsin

Q: REAL ESTATE: How would I find an attorney familiar with the process of purchasing residential "Air Rights" in Wisconsin?

REAL ESTATE: How would I find an attorney that is familiar with the process involved in purchasing "Air Rights" in Wisconsin (specifically the City of Madison)? Although arranging in Madison to build (for commercial purposes) on top of an existing structure is not new (Urban Land Interests added 4 "top of building" apartments to their owned building "Capitol Hill" at 123 E Mifflin St. - see http://www.uli.com/residential/properties/capitol-hill ), how would an individual go about purchasing air rights from a secondary party to build, lets say, a 3800SF one story home on top of an existing building?

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1 Lawyer Answer
Thomas Murphy
Thomas Murphy
  • Waukesha, WI
  • Licensed in Wisconsin

A: Based on your question, it sounds as though you might want to consider looking for a commercial real estate attorney in Madison who has experience with commercial leases, zoning, air rights, land use, and dealing with municipal entities. I am unable to refer you to any specific attorneys, but there should be attorneys available to assess your project's feasibility.

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