Air Space and What are Our Rights?
This is a very topical issue particularly in relation to aerial drones. Having spent many years flying light aircraft cross country in the UK and USA in controlled or un controlled airspace I was very used to following flight plans, instructions from Air Traffic Control and flying sometimes in un controlled airspace at 500ft above ground if safe to do so. I also was allowed to fly at lower levels above water such as the sea. So where this leave does drones and where can they fly? This is the 200 dollar question.
Well the air above us, our land, and properties belongs to the state for aerial operations. Having had a presentation from the CAA (Civil Aviation Authority) at the UK drone show last year it was made clear the air from ground up belongs to the state for aerial operations not the land owner. So the air apace that drones operate at from ground to 400ft above ground level is mainly their operating area, leaving a 100ft safety zone between civilian operating aircraft. We were also told we all have to work together as air users and operate in this space we share with other air users sometimes not just drones. That is why we abide by the ANO (Air Navigation Order) as do all air space users.
Until it’s contested a drone can operate as long as it’s safe to do so in this area and as long as the owner can take off and land on their own land, or other land owners land with their consent, common land, public footpaths, bridle paths etc. The drone must be in line of sight and be operating safely and away from the public, animals or property. Of course this does not mean you just go and fly across a piece of land but it makes sense to ask the owner out of courtesy and make sure that no privacy laws are being broken, such as spying and by using the camera in such a way to take images that should not be published.
There are many helicopter owners who will take off from a small helipad and cross over private land or public land, the same goes for any aircraft landing or taking off at any airport it has to pass over property or land. The same can be said of military aircraft that fly low over land or water anything down to 250 or lower.
Sweden has banned the use of drones not because of the air law but because of the cameras being used to break privacy laws.
However we all want to be sensible out there and work within the guidelines and use our skills to show we are professional drone operators. Be safe and operate to the high standards we set ourselves within our Operating Manuals.
Air Space and What are Our Rights?
Below is a piece from the HM Land Registry about their definition of the airspace.
HM Land Registry plans: boundaries (practice guide 40, supplement 3)
Airspace and subsoil
If the terms of pre-registration deeds do not do so, then in the absence of agreement, only a court can determine the precise horizontal boundary between a flat or maisonette on one level and the flat or maisonette above or below it. There are presumptions the court may consider and it will also look at the provisions in the relevant deed, such as repairing covenants in a lease.
Where the division is vertical, there is a presumption that the land includes both the airspace above (to such height as is necessary for the ordinary use and enjoyment of the land) and everything under the soil, subject to exclusions such as coal.
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