Under s76 Civil Aviation Act 1982, what is the landowner's right regarding aircraft?

• A. They cannot object to the passage of aircraft during normal flight
• B. They may ban all flights over their land
• C. The owner is allowed to such a height as necessary for the ordinary enjoyment
• D. They have no rights to airspace

Answer: (D)

Airspace over land isn’t private property. The Civil Aviation Act 1982 s76 makes it clear that landowners do not have proprietary rights in the airspace above their land. In practice this means aircraft can fly over land in ordinary navigation, and the owner cannot block or ban such flights or claim a right to set the height of overflight. The only real limits would come from nuisance or safety regulations, not from a private right to airspace. So the correct idea is that the landowner has no rights to airspace.