New-York tribune., 1908-01-19
BUYING LIGHT AND AIR.
One Of the Developments Of Build
ing Lofty Structures.

Air is being bought. sold rented - a regular
business in New York, and not q few
making small fortunes at this Queerest OF metro
politan activities. Sunlight, OF course, long has
been commodity of price in the crowded districts
those who have sought apartments facing south
know to the of their pocketooolIs. The air
business-and. by the way. it has its trusts-is.
however, Of more recent Development as it is a
direct outgrowth Of the towering skyscraper which
requires more than its own share of oxygen. And
because OF this fact far seeing New York specu-
lators have merely entered the business,
in many have obtained such a monopoly OF
the breathing supply that many owners build
ings cannot obtain their air il the market, but
are forced 10 pay fancy prices air jobbers.
The air bought and sold is piped in from
great tanks Ike gas is it furnished in
densed form, like oxygen, in little fre-extinsuisher
Ike cylinders. 1t is simply the open air between
roof and high heaven, which New York operators.
having already possessed themselves Of the eartl.
have learned 10 control and put heavy price
mark
This oldest of tIaffckinss. which has been going
quietly for several years, was brought 10 hight
recently by a significant question asked By a stu
dent in the course on the law Of architectural,
gineerng and construction contracts given at the
West Side Young Mems Christian Association for
the benefit those in the building and real estate
trade The student, who is part owner of new
twelve story Office building asked the instructor.
Gilbert H. Montague, legal secretary 10 Supreme
Court Justice Blanchard, what he could do TO pro-
tect the air that came in the side windows OF MS
building. He added that he had already heard
rumors that the owners of the four story dwelling
houses on either side of his building purpose to
erect fourteen story buildings right up to his party
line and block off the air and light from all but his
street and windows.
..you might almost call it a Of dealers in
light and air. answered the instructor, Have
vou had any roundabout offers to sell the adJolh-
ing properties
..No hut a real estate dealer told me i might ne
able for a heavy consideration to get my neighbors
to agree not to build higher than six stories In the
next twenty-five years
"Oh that's It. They want to rent you, SO 10
sneak the light and that of course, means ar ne
tween their roofs and the sky at so much for a
neriod of years. Well, about all you can 90 Is 10
buy or lease the adjoining land or else covenant
with them that they shall not build higher, SO as
to urevent your use OF light and air over their
property There is other way out for the
American law unlike the English law, gives no
right to any easement for light and air along ule
party lines of lot Your nelghbors can puiIo
right I'D and close every side window you have
The only light and air rights you have are on the
street where there is sort of abutters right
which generally permits the owner to object to any
ohstructions of light and air. such as elevated
railroad tracks unless he is paid for them
Prospective builders Of skyscrapers, however, are
learning the rules of this game, and before they
begin to buy even hint publicly at a new build
ing they make sure that they own all the land
they want and contro, all the cir they need. Sril
every once in a while some man who has made an
expert study Of queer little pieces of Manhattan
property will be found TO own some awkward little
strtp the strategic value OF which the opera
tions of nearby owners he fully knows. The power
of an adjoining owner to do what he likes his
side line wss illustrated not long in Riversids
Drive where the owner of private house resented
the fact that the adjoining apartment had windows
openins on her lot. She simply ordered built
brick wall which completely shut off the windows,
and because the waIl was on her own side Of the
party line the apartment could DO nothing
at ali about IL This owner simply did not want
to sell or rent her share Of air.