The Birmingham age-herald., 1907-12-22
AIR IN CROWDED NEW YORK New Business That Has Just
 Gone Int Vogue IN SKYSCRAPER DISTRICT Owners of Tall Buildings Are Forced To Rent the Ar Space Above Their Neighbors
 Roofs.
IN SKYSCRAPER DISTRICT

New York, December 21.-(Special.)-Air is being bought, sold and rented as a. regular business in New York, and not Jew men are m. king tidy fo tunes at this queerest of metropolitan activities. Sunlight, of course, long has been d commodity of price in the crowded dis tricts as those who have sought apart ments facing south know to the sorrow of their pocketbooks. The air business and, by the way, 1t has it's trusts-is, however, of more recent development, as it is a direct outgrowth of the tower ing skyscraper which requires more than its own share of oxygen. And because of this fact, far-seeing New York specu- lators have not merely entered the air business, but in many cases have obtained such a monoply of the breathing supply that many owners of buildings cannot obtain their air in the open market, but are forced to pay fancy prices to air job bers The air bought and sold is not piped in from great tanks like gas, nor is 1t furnished in condensed form, like oxygen, in little fire-extinguisher-lik cyl finders. It is simply the, open air between roof and high heaven, which New York operators, having already possessed them selves of the earth. have learned to con- trol and put heavy price mark on.
 Odd Trafficking.
 This oldest of traffickings, which has been going on very quietly for several years, was brought to light recently by a significant question asked by student in the course on the law of architectural, engineering and construction contracts given at the West Side Young Mems Christian association for the benefit of those in the building and real estate trade. The student, who Is part owner of a new twelve-story office building, asked the in- structor, Gilbert H. Montague. legal sec retary to Supreme Court Justice Blanch- ard, what he could do to protect the air that came in the side windows of his building. He added that he had already heard rumors that the owners of the four story dwelling houses on either side of his building purposed to erect fourteen story buildings right up to his party line and block off the air and light from all but his street and rear windows.
 You might almost call 1t case of dealers in light and air. answered the instructor. Have you had any round about offers to sell the adjoining proper ties?'
 No, but real estate dealer told me I might be able, for a heavy considera- tion, to get my neighbors to agree not to build higher than six stories in the next twenty-five years"
 "Oh, that's 1t. They want to rent you, so to speak, the light, and that of course. means air, between their roofs and the sky at so much for a period of years Well. about all you can do is to buy or lease the adjoining land, or else covenant with them that they shall not build higher so as to prevent your use of light and air over their property. There is no other way out. for the Amer ican law. unlike the English law, gives no right to any easement for light and air along the party lines of a lot. Yosr neighbors can build right up and close every side window you have, The only light and air rights you have are on the street where there is sort of abut- ter's right, which generally permits the owner to-, object to any Instructions of light and air, such as elevated railroad tracks, unless he is paid for them"
 Business of Selling Air.
 The builders, architects and contractors who are attending this West Side Y M c. A. course, in connection with other courses in real estate and structural en- gineering, have evoked some odd facts about this business of selling air Some real estate speculators, In buying prop erty, rent the air space above the build ing for big electric advertising signs on the roof. But more usual form of afr renting activity Is to get options on a lot or two beside site where some un-. suspecting company proposes to build a skyscraper, which would enable the spec ulators to erect a chmney-hke building completely blanking all the side windows of the proposed structure. And they know, too well, that If they can shut off all light from the side offices and make the building dark except for such light as comes from front and rear, the rentals of their neighbours property will be great ly reduced. In fact. the owner of the new structure is almost compelled to buy his neighbours air, or to lease 1t for long term. And the price asked is closely adjusted to his necessity for air.
 Variant of Practice.
 This is simply a variant of the practice of buying some little gore or strip of land in the midst of several parcels that have been purchased for the erection of some large building. The little strip may be only two feet wide, and perhaps the owner of the other parcels does not even know that 1t Is possessed by speculator until he finds that he must secure 1t. or his large property may be almost use less for building purposes. To purchase the little gore he may be compelled to cover 1t two or three inches deep in gold.
 Prospective builders of skyscrapers. however, are learning the rules of this game, and before they begin to buy or even hint publicly at new bui'di"T, they make sure that they own all the land they want and control all the ar they need Still every once in d while, some man who has made expert study of queer little pieces of Manhattan prop erty will be found to own some awkward little strip the strategic value of which on the operation of nearby owners he fully knows. The power of an adjoining owner to do what he likes on his side line was illustrated not long ago on River side Drive, where the owner of a private house resented the fact that the adjon- ing apartment had windows opening on her lot. She simply ordered built brick wall which completely shut off the win dows and because the wall was on her own side of the party line, the apart ment owners could do nothing at all about it. This owner simply did not want to sell or rent her share of air.
 
 Nauro lc KtllAd