Flying over when there are no trespassing signs on the ground?

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There is a commercial building going up near me. I'd like to get some pictures while it's under construction. They have the normal fenced area around it with no trespassing signs to keep people out. But what about from the air? The building can be seen from the highway and I can take pics outside the fence while on the ground and from the air. Is it okay to take pics from the air while on the other side of the fence?
 
We know the intent is to keep people out because tool and material theft are huge problems on construction sites. If there is no danger of your appearing to case the place, I would bet no one would care. And the no trespassing is specifically aimed at enrty onto the premises. For what it is worth.
 
If you are not interfering with their use of the land, you would not be trespassing. If you can see what you see from a location on the ground off their property then they have no expectation of privacy.
 
Only potential problem would be if something happened and your bird landed inside the fence! how would you recover it? Double check everything and don't start unless you have a full charged battery. Dont push the time aloft and let your battery run down past 50%.
 

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