Landowners permission for takeoff/landing?

[y2keable]

I'm new to drone flying but not new to law. I've been told that I need permission off the land owner before taking off or landing on their property.

I don't remember reading anything with respect to this in any CAA material and everything I know about how the law works brings me to the understanding that if I do something on someone else's property (that they don't want me to do), then I'm simply committing to trespass. Unless, of course I'm committing an offence under common law (murder, rape, theft ect...)

The person who told me this claims to have "a drone licence" and said that if I had one then I should know. I'm pretty sure he's lying about having passed his part 107 (or even owning a drone at all), especially since he seems to be under the impression that to fly one, you must be licenced. However, I thought I'd check just to remove any doubt on the matter.

Many thanks

 

[sar104]

If you are talking about operating a UAV from someone else's private property, then surely the answer is yes - you need permission - just like you need some form of permission, implied or direct, even to be on private property.

 

[Jkrens]

***Edited*****

Why would you need to take off and land on someone else's property?

 

[BigAl07]

Hello
y2keable

Welcome to the forum and the addiction er hobby

Of course you need the property owners permission to "use" their property. It's a courtesy you should extend to them and will only help your future UAS endeavors.

If you're in the US you have some rules and guidelines to follow (registering your UAS is first) so it's a good idea to read up on HOBBY flight. If you'd like to take it further and try to make some $$ then read up on Part 107.

 

[Waylander]

Hi

If you are in the UK look at this post in the forum

Discussion in 'Rules and Regulations' started by Mark Ryan, Thursday at 7:01 AM.

Regards
Waylander

 

[y2keable]

I'm talking with respect to the fact that all land belongs to someone, though some lands have public right of way/public access and are therefore considered to be "public property"

In my example above, I was in park aria on the edge of my village when approached by the gentleman. He implied that I must have permission off whoever owns the park.

By "someone else's property" I don't mean someone's garden, driveway or paddock.

 

[Monte55]

***Edited*****

Why would you need to take off and land on someone else's property?

In the past it was not illegal to be on someone's property without permission unless it was posted as no trespassing If that's the case...the pizza delivery person, solicitors, neighbors, family, etc would all be in violation since none have written permission from me. .

 

[y2keable]

***Edited*****

Why would you need to take off and land on someone else's property?

All land belongs to someone, we have to take off and land from somewhere.

 

[sar104]

In the past it was not illegal to be on someone's property without permission unless it was posted as no trespassing If that's the case...the pizza delivery person, solicitors, neighbors, family, etc would all be in violation since none have written permission from me. .

It's not illegal, per se, to be on private property because trespass is not illegal and, in the cases that you mention, permission is mostly implicit. But what if I add an example of someone entering your property to walk their dog, or have a picnic, or play football? No permission needed? If you don't want to be ejected by the property owner and/or sued for damages, if any were caused, then you need to get permission.

 

[sar104]

I'm talking with respect to the fact that all land belongs to someone, though some lands have public right of way/public access and are therefore considered to be "public property"

In my example above, I was in park aria on the edge of my village when approached by the gentleman. He implied that I must have permission off whoever owns the park.

By "someone else's property" I don't mean someone's garden, driveway or paddock.

Public Parks are not private property. You just need to follow any local rules or restrictions.

 

[y2keable]

you need some form of permission, implied or direct, even to be on private property.

I could find my way into your back garden and stand their without an invite from yourself or even without your knowledge, providing I haven't caused any damage in order to gain entry, I'm simply trespassing; a civil offence.

If I break your garden gate in order to gain entry then I'm committing a number of criminal offences including aggravated trespass and vandalism.

I need to know if I'm breaking any criminal laws by not asking land owners permission before launching/landing my drone.

 

[Johnny Mnemonic]

There is a difference from public and private owned land, if the land is public owned ( Government ) you don't need and authorization, if it is a private property and you are authorized to be in that place and there is no rule forbidding drones you don't need an special permission.

 

[Waylander]

Hi further to sar104's answer

This may help:-
how is it possible to trespass on "public property?"?

Waylander

 

[BigAl07]

What you CAN do and what you SHOULD do may not be the same thing. Why not get permission and be an ambassador for the industry as a whole?

All it takes is someone (With the authority to say so) telling you you're not allowed on that property and from that point forward you would be trespassing. This isn't the same for PUBLIC land though. The managing company/facility can tell you you're not allowed to launch/land from their property and it's that simple.

At the end of the day we are just "Forum Lawyers" and if you're betting your paycheck and freedom on this proposition you'd be well advised to seek the advice of an attorney and not a bunch of forum "friends" LOL

 

[N017RW]

I think you've gotten a lot of good common sense advice.

But coming to a flying camera forum for actionable Legal advice???

 

[y2keable]

Public Parks are not private property.

It's important that the terminology here is kept correct. There is no such thing as "publically owned property" and so "public park" is simply a name given to describe the purpose of lands with public right of way. These lands are of course owned by someone but cannot be deemed "private property" by the land owner because a) the deeds include a statute right of way to the public and because of (a), b) the land owner has no expectation to privacy.

 

[Monte55]

It's not illegal, per se, to be on private property because trespass is not illegal and, in the cases that you mention, permission is mostly implicit. But what if I add an example of someone entering your property to walk their dog, or have a picnic, or play football? No permission needed? If you don't want to be ejected by the property owner and/or sued for damages, if any were caused, then you need to get permission.

I have a three acre lot in the kind of country setting. I have had people walk dogs, ride horses, at the property edge. So what? That's safer than walking in roadway. As long as they are not doing damage or interfering with my activity, I don't care. My neighbors have a lot of family events like baseball or kick ball or whatever. Sometimes it ends up in part of my yard. I don't care. I'm glad to see them have fun.

 

[sar104]

I have a three acre lot in the kind of country setting. I have had people walk dogs, ride horses, at the property edge. So what? That's safer than walking in roadway. As long as they are not doing damage or interfering with my activity, I don't care. My neighbors have a lot of family events like baseball or kick ball or whatever. Sometimes it ends up in part of my yard. I don't care. I'm glad to see them have fun.

I'm not clear what point you are trying to make, other than to obfuscate a very simple issue. That you have no objection to public use of your property does not change that privately owned land cannot be assumed, in the absence of permission, to be open to public activities.

 

[sar104]

It's important that the terminology here is kept correct. There is no such thing as "publically owned property" and so "public park" is simply a name given to describe the purpose of lands with public right of way. These lands are of course owned by someone but cannot be deemed "private property" by the land owner because a) the deeds include a statute right of way to the public and because of (a), b) the land owner has no expectation to privacy.

Public property, in this context, is local, State or Federal land designated for public use, so yes, it does exist - it is an entirely appropriate description. It also has nothing to do with your original question, as posed.

 

[y2keable]

I think I've concluded that (at least in England) it's not illegal to launch/land my drone without the express permission from the land owner, otherwise if a law DID exist, it would have been mentioned by now.

"It is illegal to blah blah blah under section something of the such and such Act of 2000 and something"