ARTICLE · 11 FEBRUARY 2026

You Are Full Of Hot Air!

Taylor McCaffrey

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When I say that you can own air, you might think I have been re-watching a 2009 Pixar movie of a house tied to balloons but there is indeed such a thing. An "air space parcel" is a 3D portion of space above a piece...

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An Air Space Parcel

When I say that you can own air, you might think I have been re-watching a 2009 Pixar movie of a house tied to balloons but there is indeed such a thing. An "air space parcel" is a 3D portion of space above a piece of land that can be subsequently owned, sold, or leased.

Section 133 of The Real Property Act, CCSM c R30 allows for the creation on an air space parcel.

Interpretation

133(1) In this section "air space parcel" means a volumetric parcel, whether or not occupied in whole or in part by a building or other structure, shown as such in an air space plan.

Creation of air space parcels

133(2) The registered owner may, with the consent of all persons appearing on the register and general register to have a charge, claim or interest in the land, create air space parcels separated by surfaces and obtain title to them by the registration of an air space plan.

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