Advice needed

[DANNY ROMAN]

I was planning to go out today with my new minin3 pro. I walked along a bridlewsy/ public footpath... checked drone assist and all good to fly. The farmer approached me and asked what I was doing? I fully explained and he said its private land you shouldn't be taking off here... and told me to leave politely. I said well it's a public footpath... he it's a private. ? ? ?


Any help would be gratefully appreciated

 

[Yorkshire_Pud]

The path might be a right of way but I think I recollect that that merely gives you the right to walk across the land that constitutes the footpath and that it does not give you the right to use the land for other purposes.
If it were otherwise NT's prohibitions would probably be pointless as I'd bet their footpathes are rights of way.

 

[slup]

...I said well it's a public footpath... he it's a private. ? ? ?

No one here will be able to clearly state which one of you is correct... but if it's private land the landowner can prohibit you from taking off, land & operate your drone from there even though there aren't any flight restrictions (you can fly over the private footpath... CAA rules over the airspace)

 

[Felix le Chat]

I was planning to go out today with my new minin3 pro. I walked along a bridlewsy/ public footpath... checked drone assist and all good to fly. The farmer approached me and asked what I was doing? I fully explained and he said its private land you shouldn't be taking off here... and told me to leave politely. I said well it's a public footpath... he it's a private. ? ? ?


Any help would be gratefully appreciated

Footpaths that appear on the Definitive Map (compiled and held by your local borough/county council) define PROW's (permanent Public Rights Of Way - usually marked on the def. map with the letter 'M' followed by a number). These are the registered permanent footpaths. There is another kind of PROW: these are permissioned access footpaths.

Different rules apply to PROW's that cross privately owned land (referred to as 'permissioned access') and the landowner keeps these open as public footpaths out of tradition or goodwill.

They are within their rights to alter the course of the permissioned access footpath, or even stop it up temporarily as long as they provide an alternative path across that piece of land, but as the landowner: they can dictate what happens on their land.

 

[GFields]

I would have to ask myself "How much is flying here worth the trouble?"

 

[Fizzbang]

Stricktly speaking you should ask the landowners permission to take off and land on their property.
I never do this because: if the land owner says no, then its not the answer I am looking for and if the landowner says yes then there is some implied acceptance of risk which I would not like to impart.

That said, I take off and land on footpaths all the time. I have never been approached or questioned in a negative way by anyone. If you want to play devils advocate then you would need proof of land ownership.

Legally things get stupid anyhow because none of us own the land. We only purchase the freehold which is not the same as land ownership. If you die in testate and no family then the land reverts back to the crown.

Yes public footpaths do cross private and publicly owned land. It is the responsibility of the land owner to maintain the footpath in a safe and usable state. The land owner is perfectly within his right to not allow you to take off and land on his property. If its a big issue then take off from next door and then fly over.

There are some interesting videos on youtube from para-gliders that have had to make impromptu landings and I guess it is the same for hot air baloons.
It happens and you must be prepared to pay for any damages.

 

[Avocet]

I might have considered an amendment to your discussion with the the farmer by giving him the chance/incentive to INVITE you to fly on his property. [This is some of the nicest farmfields I've seen in this area!!!! etc.] A little thought, some flattery and courtesy, and you may have won the day. Its worked for moi in the past (failed too!).