A landowner seeking to recover damages from the operator of aircraft must at least prove trespass.

Question

Quizplus · Accepted Answer

In aviation law, a landowner seeking to recover damages from the operator of an aircraft for overflight does not necessarily need to prove trespass in the traditional sense, as modern aviation law recognizes the public right of transit through airspace. Instead, the landowner may need to prove that the overflight was so low and frequent that it constituted a direct and substantial interference with the use and enjoyment of their land, which could be considered a nuisance or under specific aviation regulations, rather than a trespass.

A Landowner Seeking to Recover Damages from the Operator of Aircraft