Homeowner in my Neighborhood claims I am trespassing if I fly under 500 ft above his house - legal?

He guys I'm no expert on US Drone laws but this podcast might shed some laws on the concept of who owns the air especially over your house. It's worth a listen and it hosted by a US Drone Law Lawyer.

If I were to summarize one of the concepts it stated something to the effect that you don't own the air above your home beyond the reasonable use of that air. In other words if you have a 200 foot tower in your yard then you are reasonable using the airspace of 200 feet plus around 50-75 feet above that.

Now the next yard has just a house and no structures that are using the airspace so in this case they can only make a fuss about aircraft such as a drone flying 50-75 feet above the property but you are not allowed to film, take pictures or "hover" over the property only "fly over"

That's the concept of how I interpreted the podcast but have a listen and discuss.

Podcast is called Drone law Today. Episode "who owns the air?"

Good luck and fly safe!
 
Last edited:
  • Like
Reactions: larrym
Here is the YouTube link to the Podcast listed above:
To view this content we will need your consent to set third party cookies.
For more detailed information, see our cookies page.
Here ya go rickray. Post this to nextdoor. We have a self appointed Internet naxi wanna cop be on our local nextdoor too. They are everywhere.
 
Hi there,

A local resident of my community forum (Nextdoor.com) has posted that no one has the right to fly a drone over his property under 500 ft. He is pointing people to the US "Bundle Of Rights" law, which I Googled, which states that private property owners must grant an easement to anyone flying any sort of aircraft over their property under 500 ft in an urban or suburban areas and 360 ft in rural areas.

I objected to his statement, and pointed out that the FAA does not allow UAV flight over 400 ft, effectively making it impossible to fly a drone over private property in any urban or suburban area of the US, according to his assertion. He said that is correct. He maintained that he has the full right to sue any drone flyer for "trespassing" if they fly over his property. I asked him to present legal precedent for this and he said there soon would be. He claims that the FAA has no right to violate a homeowner's property rights by granting an "easement" over their property.

Has there been any legal precedent for a property owner claiming "Bundle Of Rights" laws against a drone flyer? I'm sure violation of privacy is common, but could someone actually sue me for trespassing just for flying over their property under 500 ft? If not, what is the legal limit for flying over someone's property, provided you are not violating their privacy?

Insight appreciated!

Our city is considering ALLOWING drones in public parks as long as FAA rules are followed. HOWEVER, you would not be allowed to film, photograph or otherwise record any person where there is an expectation of privacy. Specifically, back yard and houses were mentioned. HOWEVER, it doesn't say you can't fly over them. Just make sure your camera isn't running.

Just to note, I wouldn't fly over someone's house in any event.
 
  • Like
Reactions: larrym
My research ..........

The laws are a bit vague in terms of "airspace ownership" above a property. Typically they refer to the altitude that can reasonably be utilized by the property owner. Soooo, Hi-rise would be different than a one story Rancher. I have seen numbers like 75 feet for a residential single family home.
 

Attachments

  • upload_2017-8-5_13-45-34.png
    upload_2017-8-5_13-45-34.png
    142.6 KB · Views: 356
This is a common misconception. Property owner or not, he cannot assert any control of the air above his property. The FAA manages the National Airspace System across the entire country which consists of everything from the ground up. Not even states or cities can enact laws to control airspace though many mistakenly try.

This said, drones are a new use of that airspace and legislation has not really had a chance to catch up at a federal level outside of a few bare bones rules for amateur use.

Furthermore, there other laws to consider at a local level including invading privacy and/disturbing the peace. If you're buzzing over his property frequently or at low altitudes or trying to catch pics of his wife in her bikini, you could easily be on the wrong end of these laws.

All things considered, your best bet is to avoid his property alltogether.
You could go blind if you see his wife in a bikini. Gorgon sister.
 
Think about the Police flying over your property looking for drugs, without search warrant.. What is the difference? That might be a bad example
 
There are times when the photograph I am trying to capture requires me to fly over a residential or commercial property. Common sense dictates that I contact the owner IN ADVANCE of my flight to explain why I want to shoot from a specific height above his/her property. I've never had an incident. The property owner mostly is amused and curious. Sometimes he/she wants copies of the images I take. That's not a problem.
 
  • Like
Reactions: Webby and larrym
Think about the Police flying over your property looking for drugs, without search warrant.. What is the difference? That might be a bad example
The Supreme Court made that legal nearly 20 years ago in Florida v. Riley. In 2014, California passed a law to require probable cause warrants for the police to use drones for surveillance. There's a nice article that covers all of this right here.

In the 1989 case Florida v. Riley, the U.S. Supreme Court ruled that since airplanes and helicopters often fly over private property that citizens do not have a reasonable expectation of privacy that their activities will not be observed from the air.
 
  • Like
Reactions: cfd701
The Supreme Court made that legal nearly 20 years ago in Florida v. Riley. In 2014, California passed a law to require probable cause warrants for the police to use drones for surveillance. There's a nice article that covers all of this right here.

In the 1989 case Florida v. Riley, the U.S. Supreme Court ruled that since airplanes and helicopters often fly over private property that citizens do not have a reasonable expectation of privacy that their activities will not be observed from the air.
The search warrant bill, AB 1820 died in the Senate. Riley is the controlling case law in California for law enforcement.
 
I fly in my neighborhood all the time. I live in a small 13 house culdesac. Over the years we have worked at getting to know our neighbors. I have taken up several with my P3P, I use Litchi and Goggles and fly them around the neighborhood they love it. They can see for themselves what they can see or not.
 
Google maps has aerial footage of most homes and if you zoom in you can see people. If you go to street view you can see children playing in the streets and people walking.
They use camera equipped cars to photo the street view too.
I'm really not seeing the difference between Google and any sUAS operator.
 
  • Like
Reactions: cfd701
There are differences. They may or may not satisfy you...

Google Earth-Street view:
Static, taken annually or greater
Subject can view images.
Fixed resolution & view point,
Can have personal images obscured

Amateur Aerial cameras:
Unknown operator and image catalog
Can loiter, reposition,
Higher resolution capable (fly closer)
Real-time capable -FPV
No access to images or adulteration.

These are just a few differences. Not suggesting it a superior argument.
 
Well I'm dubious about any specific height claims vs. privacy/trespass/etc.
Secondly 'technically' having flown r/c aircraft which I personally and meticulously assembled for more than 4 decades i can tell you they fail and without warning.

I'm prepared to lose or damage my aircraft with every flight. Fortunately I'm most often 'wrong'.

What goes up...
 
  • Like
Reactions: 99taws6 and ianwood
Google maps has aerial footage of most homes and if you zoom in you can see people. If you go to street view you can see children playing in the streets and people walking.
They use camera equipped cars to photo the street view too.
I'm really not seeing the difference between Google and any sUAS operator.
The Google Street View cars can only see the part of your home that is visible to the public. A drone can hover over areas of a property that could be considered private.
 
Shooting down a drone should get you in all sorts of trouble regardless of altitude. Unfortunately, the FAA has yet to make an example of someone for doing it.
 
  • Like
Reactions: Rocktopper

Recent Posts

Members online

No members online now.

Forum statistics

Threads
143,066
Messages
1,467,352
Members
104,933
Latest member
mactechnic