DoraNineFan wrote:
6trn4brn wrote:
So then would the next course be for Mr Russel to offer the farmer a generous amount for the field beyond the end of the runway? Or has he already and the farmer turned him down?
If the airfield is not a registered or licenced airport, but simply a landing ground its rights to clear approaches may not be enforceable?
If allowable under Canadian law, I would have thought the next course of action would be to sue the farmer for everything except his undershorts if it can be proven that the flagpole was erected with malicious intent. Somebody could die next time.
This is a very lucky outcome for both aircraft and pilot arising from an obviously serious neighbour dispute.
But unless there is a local planning requirement to erect poles on your own land, (or a specific airport approach overlay limiting the height of structures on the land in the approach?), and they were erected without permit, I would have thought unfortunately that the land owner is within his rights to erect poles?, I would have thought a land owner could build a building, or grow a row of trees anywhere on his land, including near the boundary, un-inhibited by his neighbours desire to fly low over the fence?, or have a runway threshold to or near the boundary?
Doesnt mean its a nice thing to do, but it would seem it might be a legal thing to do, especially if they are clearly visible?
Obviously obstacles in flightlines of registered airports should be correctly and visibly marked, but apparantly this isnt a registered airport?
Of course we dont know both sides of this dispute and what notification/warnings were made about the poles being erected, and it does seem the poles had been identified and made known to pilots?
Of course man-traps are illegal, but that apparantly hasnt yet been established by the legal authorities?
It would seem best to let the legal investigators determine the offences.
Obviously civil action can be undertaken at any time, but it would seem more likely of success following a legal investigation, particularly if it identifies an offence has occured.
Lets leave that to the Canadian authorities, is there any updates on that situation?
Its been 18 months since the incident, are there still poles and other tall objects being stood at the end of the runway by the neighbour?
Regards
Mark Pilkington