Skip to main content

Insight article

January 26, 2022

Drones – Keep them out of my air space

Recently this firm handed its office lease back to its landlord, who had commissioned a drone survey of our hard-to-get-to roof to see how dilapidated it was. A voice in my head said, 'that's our air space, and you need our consent to fly your drone in it'. It was an interesting thought.

In a landowner versus drones situation, the former can draw on the principle that the air space in the vertical column above his land is his to such height as is necessary for the ordinary use and enjoyment of his property. Entering that air space is a trespass and exposes the trespasser to a claim for damages and injunctive relief.

So, for example, it is commonplace for developers to negotiate a licence to enable the jibs of their cranes to go through the air space of an adjoining property owner to preclude a claim for trespass and the possibility of an injunction to impede building progress. A developer has to invest a lot before starting a building project and is unlikely to take a chance.

The stakes are usually much lower for someone interested in collecting images with a camera fitted to a drone. The imagery results are impressive, with drone cameras that can hover and zoom in for close-up results. A surveyor or journalist may be more gung ho about just going ahead with a one-off trespass. A one-off infringement is unlikely to generate litigation, save in egregious cases.

A landowner aggrieved by a drone flying through his air space can potentially claim under many heads. It is not only the law on trespass that may yield a claim; there is the tort of a private nuisance, the rights to data protection in the collected images, and claims for breach of privacy and confidentiality, depending on the circumstances.

Does this mean that investors in drone technology should give up in the face of powerful, long-held vested interests in land? History shows that landowners have to yield to advances in technology in the end. One can go back to the 19th century when the landed gentry fought the railways, to the 20th century when governments would compulsorily buy land needed for urban expansion and roadway infrastructure, and more recently to the imposition of telecommunication legislation which has transferred rooftop property rights to telecoms operators. The public interest generally prevails.

Some prescient commentators see a future distribution system where online sellers have district hubs or vertiports (on the top of buildings) where drones collect goods for transportation via air traffic channels to our homes. Of course, if establishing such systems is in the public interest, legislation will likely restrict private property rights, which may stand in the way of ‘progress’. But it should not be beyond the wit of those who rule us to preserve most of the private property rights mentioned above, and compromise is often the way forward.

Want to know your property rights? Call John Gillette today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • The do’s and don’ts of using AI in your business
    AI can help businesses improve efficiency and make informed decisions, but it also comes with risks. Explore the key do’s and don’ts of using AI responsibly, including data protection, legal considerations and the importance of human oversight.


    Read more
  • Next equal pay appeal: when can market pressures justify different pay
    When can recruitment and retention pressures justify different pay? Karen Cole explores the Next equal pay appeal, explaining why equal pay risks remain and what employers should consider when reviewing pay packages and the evidence supporting their


    Read more
  • Domestic Abuse Protection Orders: where are they available and what other protection can you seek?
    Domestic Abuse Protection Orders can offer tailored protection, but availability is currently limited. Pippa Marshall explains how they work, who can apply and the other protective orders available, including non-molestation and occupation orders.


    Read more
  • Missing beneficiaries and unknown heirs: what should executors do?
    What should an executor do if someone entitled to inherit cannot be found? James McMullan explains how to trace missing beneficiaries, the limits of statutory notices and the options to consider before distributing an estate.


    Read more
  • Pay transparency in recruitment: Is your business ready to disclose salaries?
    Employers may eventually have to provide salary information much earlier in the recruitment process under proposals being considered by the Government.


    Read more

What they say...

  • Bryan E, September 2026
    Absolutely outstanding “This firm is super professional, efficient and friendly at the same time. You could not wish for a better service. I have used them for my Will and a range of other matters over many years. I’ve found all the vario

  • Jan Norris, September 2026
    Excellent Service “Charlotte Barbaroussis has prepared our wills, LPAs and a discretionary trust. She was professional, kind and patient throughout. A very fine person to have looking after us.”

  • Brian Nunan, August 2026
    “I dealt with the group for many years, and no matter which solicitor I used, the results were always the same. Excellent!”

  • Client, July 2026
    Constructive and empathetic “I contacted Pippa Marshall at RIAA Barker Gillette through a recommendation regarding a family law matter. Pippa was always clear, efficient, empathetic and helpful, offering constructive insights on my situation. I

  • Dino, July 2026
    A lucky professional meeting! “We had an excellent professional experience to recommend to all those who need legal help in the UK.”

Read more
Send this to a friend