<Rights of way and access geek mode on> there’s case law on this from 1978 that says rights of ownership apply only to a height that prevents interference with normal use, and that a plane flying overhead and taking a photo cannot constitute trespass, so unfortunatley youve probably got nothing to stand on here, sorry </geek mode off>
Here you are: case law
Applying this test to the facts of this case, his Lordship found that, even though Skyviews’ aircraft had flown over Lord Bernstein’s property, it did not infringe any of Lord Bernstein’s rights to airspace, and thus no trespass was committed. Lord Bernstein had complained, not that the aircraft had interfered with his use of his land, but that a photograph was taken. There was no law against taking a photograph, however, and the taking of a photograph could not turn an act which was not trespass into trespass. Even if Lord Bernstein had succeeded in establishing that the infringement of the airspace above his land constituted a trespass he would only have achieved a sterile remedy. For there would still be nothing he could do to prevent Skyviews taking a virtually identical photograph of his property from adjoining land, provided they took care not to cross his boundary and were taking it for an innocent purpose.