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Nuisance, and trespassing in air space.

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Nuisance, and trespassing in air space.

Postby Hairyloon » Sat May 27, 2017 12:58 pm

A neighbour has got one of those camera drones and has been annoying people by flying it for extended periods during the day (it is quite a noisy one).
At what point (if any) is this noise enough to constitute a nuisance, and how far up do the property rights above one's land extend such that you can complain of trespass if somebody else flies in it?
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Re: Nuisance, and trespassing in air space.

Postby 3.14 » Sat May 27, 2017 1:03 pm

I had one flown here to take video of the ravine and surrounding area. They are not noisy.
Hide in the noise. #hackerwisdom
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Re: Nuisance, and trespassing in air space.

Postby Hairyloon » Sat May 27, 2017 1:13 pm

3.14 wrote:I had one flown here to take video of the ravine and surrounding area. They are not noisy.


They come in a variety of shapes and sizes, some electric some powered by infernal combustion. This one was the latter: sounded like a strimmer.
But you have a good point: if he must fly for so long, why not get a quiet one? Aside from that would require consideration for one's neighbours, something they are rather lacking in. :(
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Re: Nuisance, and trespassing in air space.

Postby atticus » Sat May 27, 2017 2:09 pm

The Civil Aviation Authority publishes rules and the law on these things.

Nuisance is a tort that protects property rights. The first question is therefore whether the person contemplating a claim owns the affected property (has a freehold or leasehold interest).

In respect of trespass, can dls post his case summary of Bernstein v Skyviews, circa 1977.

There may be grounds for action under the privacy torts, if intrusive photography is involved.

Another member can explain the law on blasting shotguns at things flying over your land.
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Re: Nuisance, and trespassing in air space.

Postby atticus » Sat May 27, 2017 2:10 pm

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Re: Nuisance, and trespassing in air space.

Postby Hairyloon » Sat May 27, 2017 4:18 pm

atticus wrote:Nuisance is a tort that protects property rights. The first question is therefore whether the person contemplating a claim owns the affected property (has a freehold or leasehold interest)...


Thank you.
The main nuisance is noise. At least some of the people annoyed by the noise will own the affected property, but I have in mind there are other rules for noise nuisance?
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Re: Nuisance, and trespassing in air space.

Postby atticus » Sat May 27, 2017 4:52 pm

What you have in mind may be statutory nuisance.

Nuisance (in its pure sense) may be caused by noise.
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Re: Nuisance, and trespassing in air space.

Postby dls » Sun May 28, 2017 4:31 pm

It may also be restrainable under the Protection from Harassment Act. Is the most likely solution.
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Re: Nuisance, and trespassing in air space.

Postby tph » Mon May 29, 2017 1:29 pm

I would put up barage balloons!
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Re: Nuisance, and trespassing in air space.

Postby Hairyloon » Mon May 29, 2017 3:37 pm

tph wrote:I would put up barage balloons!


I was thinking dirigible drones to go up and dogfight with them. ;)
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