Can a property owner sell air rights while retaining surface and subsurface rights?

A property owner can indeed sell air rights while retaining surface and subsurface rights. This practice is common in urban environments where vertical space is valuable, allowing property owners to exploit their land's potential without altering the existing use of the surface or subsurface.

Selling air rights permits developers to construct above existing structures, enabling higher building density and use of space that might otherwise remain unused. This separation of rights is often clearly defined in property law and real estate transactions, facilitating such sales in many jurisdictions. Additionally, retaining surface and subsurface rights can be advantageous, as it allows the owner to maintain control over the land while still capitalizing on the value of the air above it.

While the other options address various aspects of air rights ownership, they do not accurately represent the legal flexibility property owners have in separating these rights.