Tresspass on farm strips

[Nigel Ramsay]

Guys,
We are about to start using a farm strip which has been in existence, with light usage for 5 years. It stands on a large farm but has one vociferous neighbour who is currently drumming up a lot of support to deny an application for a polytunnel on the usual fear and hysteria grounds.

However, this has nothing to do with the lawful use of the strip under the 28 day rule. Part of their tactic is to walk up the strip with their kids, let their dogs out and also to persuade horse riders to divert from the nearest bridleway and gallop up the strip!

They (none of them) have permission to enter the farmland (other than on legal footpath/bridleway) and have in-fact been told by the landowner that they are tresspassing. We as the new strip operators obviously have safety issues to consider here. Initial thoughts are: Signage, a letter to the main offender, pointing out the issues of tresspass on a designated landing strip under the ANO (??) etc.

Any experience, thoughts?

[Nick Allen]

What a nightmare! This site has some good basic advice: http://www.trespasslaw.co.uk/index.html. But one thing that might be worth looking into is that while trespass is a civil offence (for which injunctions can be sought against persistent offenders -- see the website), I don't know what the law is regarding landing strips and the ANO: if the ANO brings it into criminal law, then you would be quite entitled to ask the police to intervene -- so half an hour with a lawyer might be money well spent. But I would put up signage as soon as possible, whatever else you do.
Good luck!

[Dennis Turner]

I suggest you put up trespass signs and then organise a MASS flyin to give him an idea of what it could be like without your control over movements.
Dennis

PS I have taken the liberty of posting your message on Pprune which has a far greater audience

[Simon Clifton]

Have you thought about putting up a fence all round the strip/apron area? An electric fence would be cheap and easy to do, and they do stop horses and children, and they are easy to 'open' to let a vehicle in and out. 'Crossing' a fence, even one wire, does have a tangible mental 'trespass' factor about it, if not a legal one. After the objectors realise you are okay, it would be easy to take away again too if you were worried about the aeroplane getting tangled up at all in the wire.

Chestnut fences are quite good too - almost impossible to climb over - and not too permanent or expensive.

Of similar concern may be security of the aircraft when stored in a poly tunnel - it only takes a stanley knife or a cigarette lighter, and it seems to me you are dealing with an irrational person here.

Simon C
~~~~~~

[Nigel Ramsay]

All good suggestions, thanks. We are going to send a solicitors letter to the culprit, we are putting up signs (would be good to hear if anyone has specific wording?). The electric fence may well be a possibility (thanks for that one - I guess perimeter mines will fall foul of H&S!).

As for the Polytunnel, you are right of course, but night vision cameras will put the culprit right in the frame for serious prosecution and steel mesh sheets will prevent entry after the stanley! (Steel doors will be in place at both ends).

We will be flying in during Saturday, all day, so this will perhaps enlighten them as to what it could be like. (Anyone wishing to visit this strip near to Cranfield on Saturday, pm me for a briefing!)

[C Rule]

If You are putting up an electric fence, which I think is a good idea, dont forget that it must be signed as such and needs to be visible to aircraft and vehicles. Dont forget you owe a duty of care even to trespassers

[Nigel Ramsay]

Oddly Ron, it seems that isn't allowed in this green and pleasant land anymore!

[Planemike]

"Two wrongs do not make right"...............

There are correct ways of redressing these matters, taking the law into our own hands is not among them.....

Planemike

[Bill McCarthy]

I would not for one second hesitate to shoot a dog that came on my property, no matter how "loveable" it was. I witnessed a very severe savageing of young sheep last year by two dogs. The owners were caught in the act of picking up the pieces of flesh and wool to conceal the evidence. I do not need permission from any legal direction in taking this action. In the case of the horses, I would set a gas scare gun in action - to ward off crows and pigeons of course, from the crops.

[Planemike]

Bill.................

You are permitted by law to shoot dogs that are worrying livestock which may or may not be the right thing to do but you have been given that right by the law. It would not in any circumstances be right for you or anyone else to be allowed to shoot a human being.

I am just supporting the rule of law and arguing against people taking the law into their own hands, as I said in my first post that way leads to anarchy and I have no desire to live in a country like that.

Back to the original point, about the behavior of certain individuals on a farm strip: if they are breaking the law then action should be taken against them by the Police or other appropriate authority.

Planemike

[mikehallam]

I haven't refreshed my memory, BUT...
Any field used by an aeroplane becomes legally an airfield & has protection in Law from others flying through your circuit and folks on the land wilfully trespassing with possible intent to interfere with or even cause harm to aircraft using said airfield.
Somewhere in 'Rules of the Air, or a friendly chat with CAA HQ may more quickly reveal the exact Act and let you search for wording.
Even Google could be the way.
So legal good luck,

mike

[rogcal]

Perhaps you are thinking of Article 73 of the ANO.

Endangering safety of an aircraft

73. A person shall not recklessly or negligently act in a manner likely to endanger an aircraft, or any person therein.

I have a notice at the point the private farm track leading to our house crosses and runs alongside my strip and it says quite simply:

Air Navigation Order
Article 73
Persons shall not endanger aircraft or their passengers beyond this point.

It's worked for the last 8 years!