Can drones cause disputes?

Disputed boundaries, loud music and overhanging trees have long caused grievances between neighbours. Now technology has led to a further issue; drones.  Drones are not only loud, but sometimes equipped with cameras. Hence, the flying of drones over properties has led to disputes between neighbours, some fearing that drones are being used to identify entry points for planned burglaries.

From a legal standpoint there are a range of potential issues that may arise from drones flying over properties, including, nuisance, trespass and privacy concerns.  Helen Porter, Commercial Lawyer who specialises in property related disputes advising both businesses and residential owners, here explains how to manage a potential issue with your neighbour and confirms what the regulations are.

What are Drones?

Drones are unmanned flying aircrafts, often carrying data collection instruments such as cameras.  Once the preserve of the military, drones are not only consumer goods, but children’s toys and more recently, used for delivering products to our homes by Amazon.  

Last year, police forces recorded 3,456 incidents involving drones, nearly ten a day. Incidents involving the flying gadgets include prison smuggling and mid-air near misses. A highly publicised incident occurred recently, in February 2017, when a drone flew within 20 metres of a plane on the approach to Heathrow.

Disputes between neighbours

“Drones have undeniably led to an increase in privacy concerns between neighbours, specifically when camera-fitted drones are flying above properties because hedges and walls are no longer the barriers of concealment to properties they once were” explains Helen.   

In August 2016, a complaint was made to Suffolk police that a neighbour was repeatedly flying a drone over a garden when teenage girls were sunbathing. Further police records reveal one case where a neighbour threatened to shoot down a drone with an air rifle. The disturbance that drones cause have led to arguments and threats of violence between residents.

Helen continues, “Trespassing is not only a major issue when drones are flying over residential property but also for businesses.  The flying of drones over commercial property could lead to serious disruptions to workforces and in some cases targeted commercial snooping.  Although you do not necessarily own all of the air rights above your property, you do own the immediate air rights surrounding the top of your home. The closer the machine is getting to the property, the more likely it is to constitute as trespassing.

“If possible, you should contact your neighbour and ask them to refrain from flying their drone over your property, in cases where it is causing you issues.  Where there is no response or your reasonable requests have been ignored, there may be a cause of action for nuisance, which could be in relation to the noise of the drone disrupting your quiet use and enjoyment of your premises.”

Drone regulations in place

Although it is not illegal to fly drones, there are restrictions and further regulations are soon to be put in place. The Civil Aviation Authority (CAA) has published a “Drone Code.”

The Drone Code stipulates that drones are not to be flown:

• Above 400ft
• Near aircraft, airports or airfields
• Within 50 metres of people or property
• Within 150 metres of a congested area

The government is proposing to increase the maximum fine for flying a drone in a no-fly zone, which is currently limited to £2,500.  Further proposals being considered include:

• A criminal offence for the misuse of drones
• Mandatory registration of new drones
• Signs for no-fly zones
• Making drones electronically identifiable so the owner’s details can be passed to police if they are spotted breaking the law

Helen concludes, “Despite having to balance the growth of technology in all aspects of our lives, property owners should be aware of their rights and the regulatory framework that is expanding in relation to drone use.  The reality is that drones present a number of serious legal concerns that courts will increasingly be called to upon to resolve.”

For advice on property related disputes, including use of drones, you can contact Helen Porter on 02380 717717 or email helenporter@warnergoodman.co.uk.

ENDS

This is for information purposes only and is no substitute for, and should not be interpreted as, legal advice.  All content was correct at the time of publishing and we cannot be held responsible for any changes that may invalidate this article.