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From Air Rights to Digital Rights: A New Asset Class Emerges

From Air Rights to Digital Rights: A New Asset Class Emerges

Commercial News » Los Angeles Edition | By Michael Gerrity | March 5, 2026 9:20 AM ET


In a digital plot twist set to redefine real estate ownership, Boston Properties (BXP) has completed a groundbreaking $132 million sale of its 140 Kendrick Street office campus in Needham, Massachusetts. The buyer is a powerhouse joint venture between Cross Ocean Partners and Lincoln Property Company -- signaling an era where a building's digital identity can hold as much value as its physical structure.

The December 2025 transaction stands out for its inclusion of a novel provision: the explicit recognition and transfer of -- Digital Rights -- a first in U.S. office market history, according to the parties involved. This marks the initial formal conveyance of rights governing a property's digital representation, usage, and monetization in virtual and augmented environments.

Located in one of Greater Boston's premier suburban office submarkets, the 409,197-square-foot, three-building campus--developed by BXP in 2000 and recently upgraded through a $27.8 million capital program--boasts high-profile tenants including Wellington Management, Clarks, and Walker & Dunlop, with occupancy at approximately 96.4%.

While the sale price aligns with current market dynamics in a recovering Boston-area office sector, the deal's structure introduces a groundbreaking element: treating a building's "digital layer" as a distinct, transferable asset class alongside traditional physical and land interests.

Digital Rights encompass control over how a property appears, interacts, and generates revenue in digital realms, including augmented reality (AR) overlays, spatial computing experiences, location-based digital advertising, immersive content, and AI-integrated applications tied to real-world locations.

"This transaction reflects a broader shift in how leading institutions are approaching real estate in a digital world," said Bryan Koop, Executive Vice President of BXP's Boston region. "Just as air rights and other non-physical attributes became standardized components of property ownership over time, Digital Rights are now emerging as an important consideration in how assets are evaluated, transacted, and managed."

Historically, commercial real estate deals have centered on tangible elements--fee simple ownership, leases, and development rights--while digital interactions with properties have largely fallen under the purview of tech platforms rather than property deeds.

By embedding Digital Rights into the purchase agreement and recording the transfer via blockchain on the Digital Rights Network platform, the transaction sets what participants describe as an institutional precedent. It allows such rights to be defined, underwritten, and conveyed separately, rather than left as unregulated ancillary features.

"This transaction represents an important step forward in how institutional investors think about real estate ownership," said Terence Kim, Managing Director, US Credit at Cross Ocean Partners. "As digital media, spatial computing, and AI increasingly intersect with physical assets, recognizing Digital Rights as a distinct and transferable component of a property reflects both market reality and future value creation. We believe this sets a meaningful precedent for the industry."

The deal coincides with the recent public rollout of the Digital Rights Network, a platform founded by five-time Emmy-winning producer and AR pioneer Neil Mandt. The network aims to standardize the registration, protection, and commercialization of Digital Rights for property owners. At launch, it reported having registered assets valued at more than $400 billion across sectors including office towers, stadiums, casinos, industrial facilities, and residential properties.

Neil Mandt (Founder, Digital Rights Network).jpg
Neil Mandt (Founder, Digital Rights Network)

"Real estate has always been more than the physical structure," said Neil Mandt, Founder of Digital Rights Network. "What this transaction confirms is that the digital layer associated with a property, how it appears, functions, and generates value through digital media is now being recognized as a legitimate component of ownership by the most sophisticated players in the market."

As technologies like AR navigation, immersive brand experiences, and AI-driven spatial data continue to blend with the built environment, industry participants anticipate that clear delineation of digital ownership could influence future valuation approaches, due diligence processes, and lending standards. The Kendrick Street sale may serve as a catalyst for broader adoption, signaling that in a world where physical and virtual realities converge, property rights must evolve accordingly.


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