Air rights

Sep 17, 2021 | 0 comments

Apart from Scotland, the space above your house over which you have rights is restricted. According to the 1982 Civil Aviation Act the rights a freehold owner has to the air above their property is limited to between 500 and 1,000 feet. This airspace is divided into 2 categories – the lower and the upper stratum. The point at which the upper stratum begins is an altitude between 500 and 1,000 feet above the property. Any intrusions into this air space such as by a drone is considered not to affect the reasonable enjoyment of the property.

Any drone entering into the lower stratum of airspace is considered likely to affect your reasonable enjoyment of the property which could justify taking action to prevent the intrusion.

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