Q. Drone operators use the field next door to fly their drones over our garden — we are worried about our privacy. Can anything be done to stop them?
A. Drone use is heavily regulated by the Air Navigation Order 2016 and other regulations that are enforced by the Civil Aviation Authority (CAA). In particular, paragraph 241 of the order states that operators “must not recklessly or negligently cause or permit an aircraft to endanger any person or property”. In serious cases, breach of these rules could result in criminal liability and/or civil liability and damages.
Private individuals have more limited options. Ownership of land generally includes both the surface of the land and the airspace above it ad coelum (from the Latin maxim that translates to “he who owns the soil owns everything above and below, from heaven to hell”).
Section 76 of the Civil Aviation Act 1982 provides that it is not an actionable trespass for an aircraft to fly at a height that is reasonable in all the circumstances. But in the only recorded case involving drones and trespass, a High Court judge in Manchester found it was not reasonable to fly drones at a height from which photographs and videos could be taken. He therefore found that section 76 did not apply and granted a temporary injunction to stop drones being flown over a privately owned site.
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The other alternative for private individuals is the tort of nuisance. Since the 2023 Supreme Court case of Fearn v Tate Gallery, the courts have been willing to find that intangible visual intrusions amount to actionable private nuisance. Although there have been no reported cases involving drones, the courts are likely to apply these principles to stop any interference with homeowners’ reasonable use of their properties.
You may therefore be able to complain to the CAA about the flying of drones from the field next door. Or you can take action for trespass and nuisance, depending on whether the drones intrude into the airspace above your home.
Mark Loveday is a barrister with Tanfield Chambers. Email your questions to brief.encounter@thetimes.co.uk
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