Legal Question in Real Estate Law in Georgia
remote control airplane
My neighbors have began a remote control aiplane club in field that adjoins my property. Recently they have began flying the planes directly over my house at very low altitudes. Some of these planes are very loud and are causing our family disturbances. There have been two crashes in the last month that were very close to being on my property. I realize that residing in the county that I probably have no recourse as to the noise complaints. However, I am very concerned about the possibility of one of these planes crashing and injuring my family or my property. If such an accident where to occur, are the property owners where club is located liable, or solely the person operating the airplane?
2 Answers from Attorneys
Re: remote control airplane
The club and the could be both liable. However, I would advise you to consult with a local attorney about getting an injunction against them for causing a nuisance. If you take no action at this point and damage and/or injury does take place on your property, the argument could be advanced that you acquiesced in this activity going on.
Re: remote control airplane
You may have a tort claim called a nuisance. You may also have a trespass claim as well. As for who would be liable, it depends on the facts. It may turn out that both the club and the individual operator are liable in the event of an incident. My advice would be to write to the club and the individual operator if you know who they are, demanding that they refrain from operating their planes over or near your property. Send it certified mail so you have proof of notice.
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