Unlicensed Airfield - responsibilities of owner?

[willbank]

Dear all - first post here so please forgive any unintentional posting errors.

I am hoping to exchange contracts on a house which includes an unlicensed airstrip which has been used very infrequently (according to the current owners).

Bizarrely they (and their lawyers) are not able to give us any real sense of the legal framework around unlicensed fields.

What responsibilities does the owner have to maintain them?

Do they need to have specialist insurance?

If an a/c wanted to land and could not gain permission via a telephone call etc does the presence of the strip give any specific right to enter?

Is there a process to decommission such an airfield & remove it from the online databases if necessary?

I am sorry to ask so many questions but I would be very grateful if anyone could give me some guidance and/or point me to a resource that would give me chapter & verse.

Thanks again!

W

[mad_jock]

If you don't want folk to use it just plough it up.

You have no responsability to maintain it whats so ever if you don't want to use it.

And nobody can land on it without your permission unless its an emergency.

And as for decommissioning its however long it takes for a tractor to pull a raper through it. No need to tell anyone.

[Daysleeper]

Of course you can plough it up it is your land,

Of course it might be more fun to first invite some pilots round and have a few goes in different aircraft, see if you like any of them... I do warn you it is an addictive hobby. :E

[Monocock]

Will

No pilot has any RIGHT to land on your land, whether it's an airstrip or not. Prior Permission to land must be granted by you, and you alone, for anybody to use it. If someone does land there and you do not want them to, it is your prerogative to request any size of landing fee that you so wish.

Whilst you can de-register it from any publication that it may be published in for pilot's to know about it (Pooleys/Lockyear's etc), most pilots only buy a new copy every few years so it will remain as a 'known strip' for some time to come yet. Additionally, there is every chance that its details can be found online on various websites.

The universally known "don't land here" signal for a strip is a big white cross at either end (at least 10 metres big). Or, you could just spray such a cross into the grass with Roundup.

I'd be interested to know which strip it is as this would give an indication a to how frequently you might get people wanting to use it. Feel free to PM me if you want.

Landing without permission (unless in an emergency) is blatantly rude in the flying world and if it happens, and you aren't happy about it, you have every right to be annoyed.

[TheOddOne]

Hi,
You might take a look at:

CAP 793: Safe Operating Practices at Unlicensed Aerodromes | Publications | About the CAA (http://www.caa.co.uk/cap793)

This has the essential info you need to safely operate an unlicensed aerodrome. Any bit of land (or water!) used for taking off or landing an aircraft is called an aerodrome, even if it's someone's back garden.

Cheers,
TheOddOne

[stiknruda]

As does Mono, I have an air-strip on my land. It's for my use and any guests that I care to invite (Jonathan, you are welcome!). I cut it when I want to - I change the orientation occasionally - some years its 10 meters wide, some 30. It's my train-set! If you want a second opinion PM me!

The Odd One - Down at the sharp pointy end, where all the weather is made. where I sorted out a parking ticket from Fowey, many years ago?!

Stik

[steinhauser]

You always need PPR from the owner or operator or else your insurance company wont cough up if you have get a dent !

[Jim59]

If someone does land there and you do not want them to, it is your prerogative to request any size of landing fee that you so wish.

True, but once you start making a charge for use of a strip you potentially start to incur liabilities for negligence if something goes wrong.

[mad_jock]

well don't let them takeoff again and start charging them parking until the aircraft is on the back of a lorry

[Monocock]

True, but once you start making a charge for use of a strip you potentially start to incur liabilities for negligence if something goes wrong.

Not if it is a fine rather than a fee:}

[Jim59]

Not if it is a fine rather than a feehttp://images.ibsrv.net/ibsrv/res/src:www.pprune.org/get/images/smilies/badteeth.gif

I think you will find that a fine can only be issued for a breach of the law - not by a landowner for use of his/her land. You cannot charge for trespass. Any charge you make is either a commercial arrangement (contract) or a claim for compensation for loss - such as damage to a crop - which has to be a real loss -you cannot add a penalty element.

Car parking companies are claiming that by parking on 'their' land you have agreed to a contract which may look like a fine etc - but in reality is no different from any other commercial contract.

Once you enter into a contract you may gain responsibilities unless you expressly make exclusions in advance.

[peterh337]

The OP has not been back but as far as I can see he is simply buying a house which has a strip on its land.

He has no interest in aviation; if he did he would not be asking those questions.

He can just grass it over or plough it up.

Nobody should land there anyway without getting permission (by phone) which obviously won't be given.

[Monocock]

Jim

To be perfectly honest, if someone lands without being invited, the landowner CAN, if he wishes to stop aircraft landing, charge what he likes and I really don't believe that a landowner can be at fault in the event of a subsequent incident. If an aircraft arrives unannounced, gets charged a disproportionately high landing fee for not being welcome, and is also asked not to return and then hits the hedge on the way out, I think most judges would hardly put the landowner at fault!!

[stiknruda]

Were someone to land here uninvited then proceed to piss me off - I can promise you they would not be able to take-off. A combine, a teleporter and a tractor and trailer would quickly be called in to "laager" them.

The chaps and I would repair to the pub for a leisurely lunch and get back at dark o'clock, simples!

Note - no mention of prowling gamekeeper with firearm - he'd not be needed!


Stik

[chrisN]

W, I am not a lawyer, and what I have to say may be worth no more than you are paying for it. (I leave to you to judge whether other nonlawyer advice on here is worth anything more.)

With regard to emergency landings, as a glider pilot, I have sometimes had to do this. For any one airstrip, or open piece of ground that looks like it could be used for an emergency landing, the odds of anyone needing to do so without prior permission are extremely small. Nevertheless, it could happen.

My understanding is that in that event, you cannot in fact charge anything you like. If there is damage to people, livestock, crop, or property in any other way, you are of course entitled to restitution. This will be covered either by the pilot, or by his insurance. In the case of gliding land outs, the damage is almost always assessed as minimal and the pilot covers it out of his own pocket.

If there is any issue of a large amount of compensation, or the landlord demands that the glider is held by him until he is satisfied as to restitution the landlord is then taking responsibility for the glider and for ensuring that no further damage takes place to it while it is in his care if he refuses to allow the owner to collect it and sort out matters through insurance. I do not know of any case law on this matter, but that is my understanding, when the issue has been raised with legal eagles.


After all, if a vehicle runs off the road, and ends up in your front garden by accident, would you expect to be able to hold the vehicle until they pay a fortune whose size is of your choosing? I think that is a fair parallel.


Hope that helps to clarify the emergency arrival issue.



Chris N

[mary meagher]

Landowners - whether working farmers or landed gentry, are usually nice people when approached in a friendly and apologetic manner...I'm sorry to trouble you, but I've had to land in your field....

The promise of a bottle of Famous Grouse and a couple of tickets for a ride in a glider at the home club usually cheers up the owner, and perhaps his kids would like to sit in the aircraft and have their photo taken? etc etc.

Balloons are a different matter. They know when they launch they are going to land out, and usually carry a map intensively marked with hostile territory! The commercial balloons carry up to 12 pax, who have paid a fair amount to ride, and the noise they make when firing off the heaters can frighten livestock.

Gliders and small aircraft generally intend to arrive at an airfield when they set out.

[piperboy84]

This reminds me of an incident several years back on Catalina Island, 20 miles of the coast of Los Angeles.The island is owned by the Wrigley Family (chewing gum) Trust and has an uncontrolled field but the tower is manned for giving field advisories only. One day this guy flies in from LA instead of following the advisory and published traffic pattern of joining on the downwind, he I suppose was lazy and careless and opts to do a straight in, the tower advised him again this was not what they wanted, but he did it anyway.

Bottom line he was refused permission to take off, so he had to fly over a mechanic to remove the wings, rent a truck to transport the now dismantled plane down the hill to the harbour, then hire a barge to take it back across the channel to be unloaded, transported and put back together on the mainland.

Ouch ! I shudder to think what the tab for that was.

[Jim59]

Monocock

Jim

To be perfectly honest, if someone lands without being invited, the landowner CAN, if he wishes to stop aircraft landing, charge what he likes and I really don't believe that a landowner can be at fault in the event of a subsequent incident. If an aircraft arrives unannounced, gets charged a disproportionately high landing fee for not being welcome, and is also asked not to return and then hits the hedge on the way out, I think most judges would hardly put the landowner at fault!!

If you make it known in advance that you make a particular charge then that's fine - but you cannot just impose an unreasonable charge after the event on a whim.

I agree that if the pilot puts it in the hedge that is probably his fault - but if the wheel goes into a rabbit hole then it could be the landowner failing in his duty of care - if he has imposed charges.

[Monocock]

If you make it known in advance that you make a particular charge then that's fine - but you cannot just impose an unreasonable charge after the event on a whim.

I agree, but if the pilot had bothered to call first to be told that landing fees are £75 then he could make the choice if he still wants to land. He didnt, so he should pay the fee!!! Simples.

What you're saying is that it's ok to land without PPR and then refuse the landing fee because you don't like how much it is?!!

[BillieBob]

I am hoping to exchange contracts on a house which includes an unlicensed airstrip which has been used very infrequently (according to the current owners).There is no such thing as an "unlicensed airstrip" in the context that you put forward - there is simply a piece of land on which one or more aircraft has/have landed on at some time/times in the past.

You have no responsibility to maintain this piece of land as an "airstrip" and nobody (but you) has any right to land an aircraft on it now or any time in the future. You are at liberty to leave it as it is, park agricultural machinery on it, plough it up or graze cattle on it. If someone decides to land on it without your permission and writes off their aircraft (and themselves/their passengers), that is entirely their problem. Indeed, if they take out one of your cows or a piece of scrap agricultural machinery in the process you may well profit financially from the episode.

[Jim59]

What you're saying is that it's ok to land without PPR and then refuse the landing fee because you don't like how much it is?!!

Quite right. However, as Piperboy84 said, you can then refuse permission for them to take off again, and place obstructions around the aircraft, as long as you don't damage it or endanger it in any way. If they really want to leave you could offer a take-off fee that they are free to accept or reject - but the point that got us into this is that once money comes into it the landowner has to consider what he could be making himself liable for and how he might mitigate any negligence risks. A box for voluntary donations towards upkeep (mowing) is one thing, but a set of fixed charges is another.

[abgd]

Hmm... A few thoughts from someone with no legal training...

If you go into a cafe and they charge you £1000 for a cup of coffee, you don't have to pay unless the price was agreed in advance. If they charge you £4 it may still be an expensive cup of coffee, but you have to pay. Likewise, if you impound an aircraft because the owner failed to pay a £75 landing fee, that may be OK, but if you do so because they failed to pay a £3000 landing fee I think you'd be on dodgy ground.

If you have an unmarked well on your land, and a trespasser falls down it, you can be held responsible and potentially even charged with manslaughter. Likewise, if you have something that looks like an airstrip from the air but that is not safely maintained, I can imagine there may be potential liability issues. This could particularly be the case if there are any other strips nearby that might legitimately be confused with it.

Obviously in an ideal world, everyone would phone for prior permission, but perhaps there's an old family friend somewhere who doesn't realise the previous tenants have moved and drops in unannounced. That minor error shouldn't be a death sentence.

Anyway, I would suggest to the OP, who clearly wants to do the right thing, that they simply make certain the old landing strip doesn't look like one from the air. Ploughing or planting with the right sort of crops would work. A fence along the middle wouldn't. I would worry that an old grass strip may be visible for a little while, as its texture may differ from the surrounding grass for some time.

[DBo]

Will

Welcome to the delights of PPRUNE! I've sent you a Private Message.

Look in the pale blue "Welcome" box near the top right of the screen

Dave

[soaringhigh650]

Landing without permission (unless in an emergency) is blatantly rude in the flying world and if it happens, and you aren't happy about it, you have every right to be annoyed.


Only if your field is marked private. It my right to land in any public field.

To be perfectly honest, if someone lands without being invited, the landowner CAN, if he wishes to stop aircraft landing, charge what he likes


Do you do the same with all tresspassers accidentally walking or driving across your land? I hate to be held to ransom by someone like you.

[goldeneaglepilot]

Simply painting at each end (in the grass) with white lines (as per a sports pitch) "X X" should deter most pilots - that is if the owner does not want to go to the trouble of ploughing the strip up.

I agree with most posts on this thread - we do NOT have the right to land at a private strip without permission, except of course in an emergency. If it's pre-planned then good airmanship dictates getting permission and finding out a local briefing prior to visiting (for example are then any areas to avoid over flight to save upsetting neighbours)

[soaringhigh650]

There are private owners who write the words P R I V A T E in BIG all over the runway. It can't stop people making low approaches as the airspace belongs to the public. But they can be busted if they violated low flying regulations.

[Art E. Fischler-Reisen]

Only if your field is marked private. It my right to land in any public field.

In your part of the world, maybe true. But the poster of the thread is in UK.

[42psi]

Again annother "no legal knowledge" response.

Regardless of what machine (or not) is used to enter someone elses land.

If you do enter, the law(s) which apply would surely be that of trespass?

If I understand it correctly that means the landowner can only recover the costs for any damage caused.

It is this which makes the trespass laws regarded as weak by landowners as walkers (for example) will cause no real damage on a grass field or by sticking to the hedgerow, they can only tell them to leave.

Of course using a vehicle or aircraft might be likely to cause a little more damage.

When a glider or balloonist offers a bottle or flight what they are actually doing is compensating for any potential damage, if there is none the landowner might feel they done OK from the deal.

I'm not convinced there is any "right" to levy any charge or to hold prisoners pending payment :ouch:

The legal right would surely be to charge only for any actual damage and if disputed settle this through a civil court.

Preventing an owners enjoyment of thier property (aircraft) for an extended period plus any additional costs resulting to the owner during that time might well outweigh any "damage" to a grass strip?


If this is a case of a new landowner not wanting a previous grass strip to continue in use then painting the white crosses would seem the most effective way.





PS: did manage to find this

"Note that s76(1) of the Civil Aviation Act 1982 provides that no action shall lie in nuisance or trespass by reason only of the flight of an aircraft over any property at a height above the ground which is reasonable. However, s76(2) confers a statutory right of action in respect of physical damage caused by aircraft, actionable without proof of negligence."

[Legalapproach]

It is an offence to land at or take off from an aerodrome without the permission of the person in charge.

The Rules of the Air provide:

40 An aircraft shall not taxi on the apron or the manoeuvring area of an aerodrome without the permission of either:
(a) the person in charge of the aerodrome; or
(b) the air traffic control unit or aerodrome flight information service unit notified as being on watch at the aerodrome.

Article 255 of the ANO defines Aerodrome as:
'Aerodrome':
(a) means any area of land or water designed, equipped, set apart or commonly used for affording facilities for the landing and departure of aircraft; and
(b) includes any area or space, whether on the ground, on the roof of a building or elsewhere, which is designed, equipped or set apart for affording facilities for the landing and departure of aircraft capable of descending or climbing vertically; but
(c) does not include any area the use of which for affording facilities for the landing and departure of aircraft has been abandoned and has not been resumed;

The definition is very wide and would appear to include a private strip if it is land "set apart ... for the landing and departure of aircraft". A farmer's field or a disused airfield would not appear to be within the definition but then there are issues of trespass.

[42psi]

It is an offence to land at or take off from an aerodrome without the permission of the person in charge.

Bit there is still no "right" of the landowner to levy a charge or impound?

[Jim59]

But there is still no "right" of the landowner to levy a charge or impound?

Nor any obligation on the landowner to not use his own land for other purposes such as parking vehicles as he wishes, digging ditches. He might be in a difficult area if he prevented the aircraft's owner from taking it apart and carrying the parts off-site on foot by the shortest appropriate route - but is not obliged to allow vehicles access.

[mad_jock]

You can't impound it ie lock it up and refuse access to it. But you can refuse to allow it to take off again and then they have to take it out by road.

[Dan the weegie]

If you go into a cafe and they charge you £1000 for a cup of coffee, you don't have to pay unless the price was agreed in advance. If they charge you £4 it may still be an expensive cup of coffee, but you have to pay. Likewise, if you impound an aircraft because the owner failed to pay a £75 landing fee, that may be OK, but if you do so because they failed to pay a £3000 landing fee I think you'd be on dodgy ground.

Off topic but in any eatery of any kind at all you are only required to pay what you reasonably consider to be the cost of the ingredients on the plate/in the cup. You could in fact pay about 15p for the coffee and be quite legally within your rights to leave without any recourse available to the shop.

If you want to charge someone money for something you can but you need to advertise a clearly displayed scheme of charges.

As far as someone landing on your property as much as you can do is report them to the CAA and perhaps prevent them from departing again by obstructing the aircraft, should you so want to, if it was me I'd tell them what would happen if they did it again. I'm fairly sure you can't charge them money without displaying some kind of scheme of charges but that would also require a change of use of the land and that makes it more complicated.

Basically, if you don't want to use the strip plough it, if you do don't and I wouldn't worry about people just using it randomly, it's a very unusual thing to happen :) Chill out guys.

[Legalapproach]

This topic raises some interesting legal issues.

If the land is an aerodrome then the landowner is entitled to levy a charge for the use of the facility. It is custom and practice for aircraft/pilots to pay landing fees and therefore by using an aerodrome a pilot should expect to pay a fee for so doing. There may be some argument as to what level of fee could be expected and whether it is reasonable but equally it could be argued that as the pilot could foresee the requirement to pay a fee he should have ascertained what it was before visiting.

On the question of impounding an aircraft, an aerodrome owner could refuse an aircraft permission to taxi and take off and could take reasonable steps to prevent the commission of a crime.

Whilst some have opined that the answer would then be to remove the aircraft by road, that too could have some practical difficulties because Rule 41 provides:

41 (1) Unless there is a public right of way over it, a person or vehicle shall:
(a) not go onto any part of an aerodrome without the permission of the person in charge of that part of the aerodrome; and
(b) comply with any conditions subject to which that permission may be granted.
(2) A person or vehicle shall:
(a) not go onto or move on the manoeuvring area of an aerodrome which has an air traffic control unit or an aerodrome flight information service unit without the permission of that unit; and
(b) comply with any conditions subject to which that permission may be granted.
(3) Any permission granted for the purposes of this rule may be granted in respect of persons or vehicles generally, or in respect of any particular person or vehicle or any class of person or vehicle.

It would appear that if the land fits the definition of aerodrome the owner or person in charge could place severe restrictions on the recovery of the aircraft. The visiting pilot would then have to take legal action against the person for the return of the aircraft.

If landing in a field or disused airfield the landowner would not be entitled per se to a landing fee nor would you be committing an offence by removing the aircraft but the landowner would have a remedy in damages for trespass.

[Jim59]

I'm fairly sure you can't charge them money without displaying some kind of scheme of charges but that would also require a change of use of the land and that makes it more complicated.


You don't necessarily need a change of use if the land is used for a different purpose for less than 28 days a year.

In some circumstances you must have a price list on display (i.e. in a pub or a bakers) where this is required by statute, but if a trespasser with an aeroplane wants to take off after arriving without permission you are free to offer him permission for a fee that you make-up on the spot and impose any other conditions - such as at his own risk - as you think fit. The trespasser is equally free to reject yout offer and not take off. It would be wise to give a recipt with the conditions written on it - and keep a copy.

[kibbet]

Hi willbank,

As others have said, it's your property to do with as you see fit(1). You could always go the opposite direction; encourage more visitors. The Bath area is very pleasant, and having another airstrip to visit is always nice; put up a shed with a kettle and some bikkies, charge a tenner and you'll be very popular :ok: If entertaining is your thing (and your property can support it) then a fly-in B&B might also work, however beware, as someone mentioned, aviation is addictive :}

Yes, a big stretch from plough over to inviting strangers to visit, but generally us pilot types are very nice (despite what you might see on PPRuNe) ;)

kib.

(1) As an aside; I wonder if it is possible that an existing leasehold agreement could force the airstrip to always exist? I'm not familiar with UK real estate law, so I'm probably talking c*ck.

[Dg800]

If you want to charge someone money for something you can but you need to advertise a clearly displayed scheme of charges.

Then just post it on the nearest barn. If the landing pilot couldn't read it whilst airborne, that's his problem. It was his choice not to call in advance and inquire about the fees he was going to incur. :ok:

Ciao,

Dg800

[Gertrude the Wombat]

So where is this airstrip then? - I go to Bath from time to time and there isn't a lot of choice of places to land around there ...

[Sir George Cayley]

The main issue for me is someone buying an established airstrip, no matter how little used, and seeking advice about how to 'close' it.

There are precious few opportunities for people like us to get a chance like this so it's a pity that a rare commodity could be lost.

And yes I accept the right of landowners to do with it as they wish. Could a lease be arranged? It would be similar to farmers strips used by third parties, shirley?

SGC

[hoodie]

The main issue for me is someone buying an established airstrip, no matter how little used, and seeking advice about how to 'close' it.

Where does willbank say he intends to close it? :confused: His OP reads more like asking for advice on how to protect himself if he keeps it open.

[flybymike]

I am perfectly willing to take over the management and indeed the ownership of this airstrip entirely free of charge and to absolve the OP from any further worries or concerns he may have about the matter...:)

[DBo]

Gertrude

The best places for bath are Wadswick & Garston farm. If this strip in question is the one I'm thinking of then it's no closer to Bath than either of them.

Dave

[Gertrude the Wombat]

Gertrude

The best places for bath are Wadswick & Garston farm. If this strip in question is the one I'm thinking of then it's no closer to Bath than either of them.
Thanks - Garston Farm is the one I was thinking of using one day, not been there yet.

[willbank]

Dear all,

Apologies for the lack of reply - I have been away from an internet connection over the bank holiday weekend.

Thanks so much for taking the time to give me your feedback - I am very grateful.

I do actually love flying: I got my PPL in South Africa back in 1994 at the Progress Flying Academy in PE. I remember it all fondly but I let it lapse when I lived in London and could afford rental rates for a/c.

At this time I am just keen to understand the legal position (which I think I do now) and may be able to welcome people to the strip if the purchase goes ahead - just have to make sure of what we're buying!

Thanks again to all -

Will

[JW411]

Back in my gliding days I landed in a fair few farmer's fields. I first thing I did after landing was to find the farmer and apologise for landing in his field but I would point out that it was an emergency and had his field not been there, I could well have broken my neck.

I never had a problem and all of them were very hospitable. Nor was I ever asked to pay for any damage caused although I always offered.

I did hear a great story about a rather pompous individual who landed his big piece of expensive fibre glass in a stubble field in the West Country. He took the opposite tack and was very abusive to the farmer.

The farmer pointed out where the gate to the field was (it was a long way away) and told our pompous pilot that he was going to leave the gate open so that he could remove his glider. He pointed out that he was not preventing our man from leaving in any way but then went on to say that he was going to burn off the stubble in the field in 15 minutes time (they were allowed to do that in those days)!

There was no way that our pompous pilot could shift his plastic machine on his own so a huge helping of humble pie had to be devoured very quickly.

[peterh337]

The OP hasn't been back :)

[stiknruda]

I returned back to my strip to yesterday to pick up another aeroplane - only to find it blocked by a glider who had run out of energy, they don't like rain showers, it appears. There was a big comp Notammed nearby.

A couple of low passes and glider pilot moved his machine. We landed, made sure he was alright. He was given the postcode and name of the farm and we departed again in two a/c.

About 45 mins later I was heading home again and saw a glider trailer leaving the area! Strip was clear, no damage done. Hope he got airborne and today's comp was more succesful for him!

Stik

[Sir Niall Dementia]

Since I stopped marking my strip I don't get uninvited guests. I put up a windsock when I'm using it and thoroughly brief anyone flying in (Google Earth is a great help for that).

Four years ago (when I still marked it like a mini Luton) I found a Robin parked there one Friday, I saw the pilot when he went to leave on the Sunday, He'd just flown in on the Friday, spent the weekend at a wedding and was ready to leave, having upset my local noise complainer. Doubtless he's still visiting private strips, I just hope he calls them these days.

SND

[cockney steve]

With ref. to making-up usurious charges "on the spot"....my understanding is that, in catering, if there is a dispute, one can, indeed, proffer what one considers a resonable payment, together with one's name and address. - It's then up to the caterer to pursue the matter in a Civil court.

Where a landing (unauthorised) is concerned, I would think that the landowner has a lien on the visiting machine. In practise, this means that the landowner would take temporary "ownership" of it, with attendant responsibility for care and safekeeping. again, a disagreement would need to be settled in Civil court.

The above scenarios apply when you leave your car in a repair-garage. Read the small print and there's usually a hefty "storage-fee" if you don't collect and pay promptly.(after all, you're depriving the owner of use of the area taken by your property. )

The getout is to pay by cheque , clearly marked " disputed charge paid under duress" - that gets your property back and leaves the door open to sue for return of unreasonable charges.

Not even a barrack-room lawyer, so this info may well be worth what you paid for it!

[Maoraigh1]

Probably irrelevant to this, but is there still a Right of Access for Marine Salvage to a vessel?