The surge in popularity means that now is more important than ever to get to grips with the rules and regulations governing drone use, and the steps landowners can take to prevent trespass. 

Drones and trespass

The law regarding trespassing on private land is clearcut, with most landowners well-versed in what they need to do to protect themselves and others when a person enters their property without permission. But what happens when the entry is not on the ground but in the sky? The technology brings with it many opportunities; however, an increase in unauthorised drone use in recent years has left some landowners feeling exposed.

Unauthorised drone use over private land can be an issue for a number of reasons. On a working farm, for example, drones can startle animals, putting stock, staff and public right of way users at risk of harm, or they might directly cause damage to property. Landowners should check that their insurance policies cover this and that they take action where appropriate. The landowner could be liable if found to be negligent. 

Cameras attached to drones can capture information about a property which could be an invasion of privacy, opening the landowner up to various risks and personal stresses.

In 2023, a case between Anglo International Upholland Ltd vs Wainwright & Persons Unknown led to the High Court granting an injunction to stop trespassing (which included the flying of drones) over a 320-acre site. Interestingly, the flying of the drone over private property was not in itself ruled to constitute trespass; it was the fact that photos and video footage were captured during the flights that led to this being included in the ruling. Judge Bird considered that the photographs and videos would facilitate and encourage further trespass, and potentially endanger life. It should be noted that this was a case where repeated and extensive trespass was evident.

Rules landowners should be aware of

The rules governing drone use in the UK are set out by the aviation regulator, the Civil Aviation Authority (CAA), in the Drone and Model Aircraft Code. 

Key rules covering drones weighing under 250g flying in the CAA open category (available to all over the age of 18 as long as they register for an Operator ID with the CAA) include:

1. Drone users should secure permission from the landowner to enter a private property for take-off or landing, but may fly over private land without permission
2. Drones should not fly higher than 120 metres from the ground
3. Drones can fly over uninvolved people but cannot be flown over crowds, such as festivals or sporting events
4. Drones must be kept within direct visual line of sight of the pilot
5. Commercial flights require valid insurance cover

There are different rules for drones which weigh more than 250g which generally must not be flown within 150 metres of residential, recreational, commercial and industrial sites, and no closer than 50 metres to people. 

It is worth noting that under the UK General Data Protection Regulation (GDPR) and Data Protection Act 2018, anybody who processes personal data (which could include the footage taken by drones) must comply with certain principles, and the people that the data relates to have certain rights. There is generally an exemption for data held by individuals for their own personal use but there are instances of GDPR applying in this case too.

Drone Assist is a mobile app which shows airspace restrictions in any given area, some are permanent for airports and some are temporary for high traffic zones. Drone flyers should be aware of restrictions before they take off so that they can be sure it is safe to fly, and landowners should be aware of the restrictions which may cover their property and restrict drone flights too.

How can landowners protect themselves against unauthorised drone use? 

This is an evolving area, but key actions landowners can take include:

• Engagement – the CAA rules should be adhered to, but if you have additional concerns you can always make the polite request that the pilot does not fly over your property
• Seeking an injunction and/or damages – repeated flights and the use of cameras may constitute trespass or nuisance and result in financial losses, or violation of GDPR rules
  • Keep a diary of drone trespasses, the trespasser, and any subsequent damage
  • Monitor online content to check if photos/videos of your property are being shared online
  • Obtain legal advice
• If you suspect illegal drone use, you can report it to the police or the CAA
• If you suspect violation of GDPR rules then you can report it to the Information Commissioner’s Office.

Whilst there is no UK legal precedent that concerns drone trespass in isolation, with the rise in drone numbers and use it may only be a matter of time. However, a quarter of incidents reported to the Air Accident Investigation Branch (AAIB) in 2021 were due to drones; in 2023 there were 6,000 drone incidents reported to the police; and in November 2024 there were several intrusions by drones into military airspaces across the UK. Therefore the CAA may wish to consider how appropriate the current classification and treatment of drones is and/or seek to implement additional rules to reduce the risk of incidents.

The latest available figures from the CAA, published in March 2023, suggest that there are now over 500,000 drone flyers and operators registered in the UK – this figure is likely to rise as the technology becomes more embedded in our lives. There are many reasons to embrace this, but enforcement of the existing regulations and implementation of additional rules will only become more important. 

Further information

Contact Lizzie Goodman or Rowley Taylor