TH4
Well-Known Member
6
So you are saying easyjet owe me a fortune for flying over my garden for the Las 20 years then? Don't think soNo you can't.
From the CAA's perspective the 'not over 120m and above 50m when over people and buildings' rule applies ... however "Under English (and Scottish I believe) law a landowner owns the airspace above his land (unless it has been expressly excluded from the lease or transfer to him) and it is therefore trespass if a developer or its contractor allows a tower crane jib to swing across land owned by other parties. An adjoining owner can obtain an injunction to prevent such trespass without needing to show that any damage has occurred.
An ‘Oversail’ licence is required and a fee must be negotiated in which the landowner can effective ask whatever they like.
Not yet tested in law the same will apply to the operation of a drone. You must have permission of the landowner to overfly their land because drone operations take place in that area below that the level at which ordinary flight takes place. This area of airspace owned by the landowner!"