Aviation
12. Aircraft Activity Over Land
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 22 Jun 2015
- There are times when aircraft activity may infringe on your right to the ordinary use and enjoyment of your land. The extent to which it is allowable is regulated by each state and territory government. You need to check the relevant legislation in your state or territory as the rules are different in each jurisdiction.
- As an owner of land you have rights in the airspace above your land. These rights do not extend to an unlimited height. This means your rights to the airspace above your property will be limited to a height that allows for the ordinary use and enjoyment of your land.
- Flight activity that interferes with your use and enjoyment of your land may also constitute a nuisance in some jurisdictions. However there are restrictions on when you can sue in nuisance for interference caused by flights over your land. For example the option to sue would not be available where adverse weather conditions meant that a pilot of an aircraft had no option but to fly at a lower height than specified by law.
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