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Old 27th Sep 2016, 08:08
  #24 (permalink)  
Old Akro
 
Join Date: Feb 2006
Location: Melbourne
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Lindsay Fox still lands his helicopter in his back yard at Portsea and no one can stop him.
Lindsay Fox does this because his lawyers - Minter Ellison - proved pre-existing rights. Basically, if there has been an activity on a property for a length of time, it has rights to maintain that activity. A number of other people land helicopters in their back yards on the same basis on the back of Lindsay's precedent.

However, the same legal tenant that guarantees us all the ability to garage cars on our properties applies to aircraft. And in the future drones, etc. This precedent dates back to legal judgments made in the horse & cart era. It is, however untested for aircraft (including helicopters). One day someone will test it and inevitably win and the flood gates will open.

Establishing pre-existing rights is cheaper & easier than setting legal precedent, so anyone that can goes the pre-existing rights route.
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