Hi Terry,
I think the answers simpliciter are that you have no rights over the air above
your property and you can land anywhere you want to if you have to.
Once on the ground there are other issues that come into play that can depend
on the situation. I think somebody explained a lot of these in a post here or
in the magazine. As outlanding is so much a part of gliding perhaps an advisory
article on the legalities on the National Regulators website would be helpful
to its' members.
----- Original Message -----
From: Terry Neumann
To: Discussion of issues relating to Soaring in Australia.
Sent: Saturday, March 24, 2012 8:22 AM
Subject: Re: [Aus-soaring] Easements in the air
Dear fellow gliding peoples,
On 21/03/2012 4:24 PM, Christopher Mc Donnell wrote:
Having had an academic interest in easements and rights of way for many
years I found the link below very interesting.
OK - it morphed into an interesting discussion of alternative power options,
(which I was enjoying actually).
However may I raise an issue of glider pilot's rights in a parallel area.
Some years ago I was confronted by a friend - a fellow farmer - who lives on
the other side of the local village. He was somewhat irate and wanted to know
what right a glider pilot had to land on someone's property without their
permission (his in this instance - because it had happened), or to even to fly
over their property without permission. There were reasons for the second
question which I won't detail here.
I was struggling for a solid convincing answer at the time. I actually
wrote an article for AG (yes it's that long ago) about this whole outlanding
business from a farmer's point of view, but after my previous journalistic
efforts which had quite adverse results in one particular instance, I backed
off. It was never submitted. Nor did I offer an answer in the article because
there didn't appear to be one.
I suggest that the concept of a persons "rights" has strengthened throughout
society since that time. So I'll ask it now. Exactly what is our 'right' to
fly over someone else's property without their permission, or perhaps more
importantly, to land on their property - again without permission - when the
wind stops blowing?
regards,
TN
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