Avigation Easements And Airport Noise: Owner Basics

Thinking about buying or selling in Airway Heights and seeing “avigation easement” on a title report? You are not alone. Properties near Spokane International Airport and Fairchild AFB often carry recorded rights related to aircraft operations. In this guide, you will learn what an avigation easement is, how it affects ownership, what to check before you renovate, and how to disclose it when you sell. Let’s dive in.

Avigation easements explained

An avigation easement is a recorded property interest that gives an airport or aviation entity certain rights in the airspace above your property. It typically permits aircraft overflight and the associated noise, vibration, and exhaust that come with lawful operations. Many easements also include height limits for structures or landscaping.

The easement “runs with the land,” which means it binds you and future owners once recorded. It does not transfer ownership of your land. It does limit some uses and gives the easement holder specific enforcement rights defined in the recorded document.

What it allows and limits

• Overflight by aircraft in the vicinity of the property.
• Acceptance of noise, vibration, fumes, and shadowing from lawful operations.
• Height limits or restrictions on structures and tall vegetation that could penetrate protected airspace.

It does not let anyone occupy or trespass on your surface land unless the document says so. The exact scope depends on the language in your recorded easement.

Where it shows on title

In Spokane County, an avigation easement appears in the county land records. You may see it as a separate recorded instrument, a note on a recorded plat, or within a development’s CC&Rs. A preliminary title report should list recorded easements affecting the property.

Ask for the full instrument and read it, not just the summary. The details matter. Easements can be perpetual or for a set term, and the restrictions vary from one property to another.

Clauses to review first

• Duration: perpetual or term-limited.
• Rights granted: overflight, noise, vibration.
• Height and construction limits.
• Inspection or enforcement rights for the easement holder.
• Indemnity or liability language.
• Any references to military training flights or future changes.

Airway Heights flight activity

Airway Heights sits next to Spokane International Airport, an active commercial facility. Fairchild Air Force Base is also nearby and conducts training operations. Both civilian and military flights can influence overflight frequency and noise in the West Plains area.

Noise exposure varies by location and time. Properties under approach and departure paths or close to runways may experience more frequent aircraft noise.

Planning tools to consult

• Spokane International Airport: airport management can confirm easement programs and share noise maps or compatibility studies.
• Fairchild AFB: AICUZ maps show compatibility guidance and noise contours related to military operations.
• FAA resources: airports may participate in Part 150 Noise Compatibility Programs that produce noise exposure maps.
• Spokane County and City of Airway Heights: check zoning, building permits, and any height or compatibility overlay.

Renovations and permits

Before you plan an addition or a new structure, review your recorded easement for height limits or prohibited features. Exterior improvements like sheds, antennas, tall fences, or new rooflines can be restricted if they penetrate protected airspace.

Interior renovations are often unaffected by easement restrictions, but you should consider sound comfort. Higher performance windows and doors, upgraded insulation, sealed penetrations, and an HVAC system that brings in fresh air without opening windows can reduce interior noise.

For larger projects, set a pre-application meeting with Spokane County’s building department and consult the easement holder if needed. A quick check up front helps you avoid redesigns later.

Selling a home with an easement

Recorded easements appear on title and should be disclosed to buyers. Washington sellers typically complete a Seller Property Disclosure that covers known encumbrances and material facts. Be transparent and precise.

You can use clear, plain language. For example: “Property is subject to a recorded avigation easement (Instrument No. ____). The easement permits aircraft overflight and associated noise and may impose height or construction restrictions. Buyers should review the recorded instrument and the title report.”

Accuracy in your MLS remarks and marketing helps avoid misrepresentation issues. If the easement includes specific height limits or other restrictions, state them rather than generalizing.

Buying near the airport

As a buyer, read the preliminary title report and request the full avigation easement document early in your review period. Confirm the duration, permitted activities, and any height or construction limits. Ask your title officer or attorney to walk through any questions.

If you plan to add living space or build a detached structure, check noise exposure in the area and the easement’s restrictions. Talk with your lender early. Most lenders accept properties with recorded avigation easements as long as the title is clear and the terms are disclosed.

Marketability and financing

An avigation easement can affect the buyer pool and value, depending on noise exposure and how restrictive the easement is. Many buyers accept recorded overflight rights if everyday use of the home is comfortable and well explained.

Lenders generally finance homes with recorded easements when the title is clear and the easement is standard for the area. Early, accurate disclosure reduces surprises and keeps timelines on track.

Owner checklist: Airway Heights and West Plains

1. Get your preliminary title report and the complete recorded easement instrument. Review duration, height limits, permitted activities, and enforcement.
2. Check recorded plats, CC&Rs, and the county index for any airport-related notes tied to your lot.
3. Contact Spokane International Airport to ask about easement coverage, noise maps, flight tracks, or any Part 150 studies.
4. If you are near Fairchild AFB, review AICUZ and noise contour maps for the area.
5. For planned renovations:
   • Confirm height or construction restrictions in the easement.
   • Speak with Spokane County’s building department about permits and compatibility.
   • Consider sound-mitigation upgrades if you plan noise-sensitive spaces.
6. For marketing and disclosure when selling:
   • Disclose the recorded easement on MLS and in seller forms.
   • Use precise language and reference the instrument number if available.
7. Consult pros as needed: a title officer, real estate attorney, airport land-use contact, and a licensed contractor familiar with sound mitigation.

Who to contact to verify

• Spokane County Recorder’s Office for recorded instruments and plats.
• Local title company for preliminary and owner’s title reports.
• Spokane International Airport or Spokane Airport Board for noise maps and easement program details.
• Fairchild AFB public affairs or planning for AICUZ and noise contours.
• FAA and Washington State Department of Transportation’s Aviation Division for compatibility guidance.
• Spokane County and City of Airway Heights planning and building departments for zoning and permit requirements.

The bottom line

An avigation easement is common around Spokane International Airport and Fairchild AFB. It formalizes aircraft overflight and may limit structure heights, but it does not transfer ownership of your land. With clear title review, proactive disclosure, and smart planning, you can renovate with confidence and sell without surprises.

Ready to talk through your situation and plans in Airway Heights or the West Plains? Schedule a private market consultation with SpokaneREAL for tailored guidance and next steps.

FAQs

What is an avigation easement on a Spokane title?

• It is a recorded property interest that permits aircraft overflight and associated noise and may limit structure height or certain improvements.

How long do avigation easements typically last?

• Many are perpetual, but some have a set term, so you should read the recorded instrument for duration.

Will an avigation easement block my addition?

• Interior work is usually unaffected, but added height or exterior structures can be limited if they penetrate protected airspace.

Does an avigation easement allow landing on my property?

• No, it allows overflight and incidental effects like noise and vibration, not surface occupation unless the document says otherwise.

Should buyers worry about Spokane airport or Fairchild noise?

• Noise varies by area and time, so review airport and AICUZ maps, ask for recent studies, and consider interior sound-mitigation if needed.