While I agree with you that he should seek more serious legal advice, I believe that there is a great repression on drones just like with fire arms and in both cases we need to defend our self from crazy people demanding crazy things so in this case seeking an unneeded authorization would only give more power to this people.
Landowners permission for takeoff/landing?
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While I agree with you that he should seek more serious legal advice, I believe that there is a great repression on drones just like with fire arms and in both cases we need to defend our self from crazy people demanding crazy things so in this case seeking an unneeded authorization would only give more power to this people.
Precisely.
I need to determine that permission is not required before I go seeking permission. Or else simply I'm giving the land owner an opportunity to oppose to my activities that he otherwise wouldn't even know about.
Hi y2keable
I think if you are happy that it is not a problem then OK.
The link I posted earlier referred to "Public Land", of which a local park could be deemed to fall under the umbrella of that description.
And what the article implied was that if a local rule or ordinance proscribed, for example "the flying of model aircraft within the parks boundaries" , then the controlling body or authority for that facility would be within their rights to site you for "Trespass" should you, when asked by a representative of that authority to cease your activity, and you refused to do so.
Just my opinion
Waylander
I think if you are happy that it is not a problem then OK.
The link I posted earlier referred to "Public Land", of which a local park could be deemed to fall under the umbrella of that description.
And what the article implied was that if a local rule or ordinance proscribed, for example "the flying of model aircraft within the parks boundaries" , then the controlling body or authority for that facility would be within their rights to site you for "Trespass" should you, when asked by a representative of that authority to cease your activity, and you refused to do so.
Just my opinion
Waylander
Let's also keep in mind that this will vary from place to place in different legal jurisdictions.
Generally speaking, most municipalities have regulations governing the use of public space and the acceptable use thereof. Florida, for example, prohibits unmanned takeoffs and landings in State Parks. If I fly there, I can be fined for a violation just as I could be if I violate any other regulation.
My neighborhood has a small park as well, which is owned by the Homeowner's Association (aka the spawn of the devil). They have the legal right to prohibit flights from there as well, should they choose to do so.
The rules/laws regarding private property and trespass are complex, especially when you consider private property where the public has an implied right to enter, such as a store or shopping mall.
Generally speaking, most municipalities have regulations governing the use of public space and the acceptable use thereof. Florida, for example, prohibits unmanned takeoffs and landings in State Parks. If I fly there, I can be fined for a violation just as I could be if I violate any other regulation.
My neighborhood has a small park as well, which is owned by the Homeowner's Association (aka the spawn of the devil). They have the legal right to prohibit flights from there as well, should they choose to do so.
The rules/laws regarding private property and trespass are complex, especially when you consider private property where the public has an implied right to enter, such as a store or shopping mall.
Ugh is this a real question? That is like saying "if I decide to camp out on a neighbors lawn do I really need their permission to do so?" Who do we have out there flying drones? Oy vey to our sport being inundated with people that have no common sense!
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Is this even a real answer?
Camping on your neighbour's lawn and flying your drone in a public park are not comparable concepts so I'm not sure what your point is here.
I see where this is going...
...and their it is, the insult.
Like I give a carp. Seriously, do people still do this?
Really, why do people like you bother with forums like this? I'm sure that there are people out their (people with over priced fashionable smart phones) who live a lonely and inadequate life and the only way they can make themselves feel better is by making someone else feel worse. Of course, they don't do this to someone they're standing behind in a coffee shop queue, sitting next to on the bus or hell, even a friend or family member. No, they're more cowardly than that. They rip into someone who they can't see, don't know, have never met and most likely will never meet because they live in a small country across the ocean. Self esteem boosted at the cost of someone else's and with no consequences, job done.
***** Edited.... unneeded ******
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It's actually a good question. By the way, the FAA does not and will not get involved in where you take off from.
I kind of look at it this way: If it is a place where I would be comfortable taking a camping chair out of my car, setting it down and eating a sandwich, then I will usually be comfortable launching my drone from there. (I'm not talking about putting my chair down at a gathering.)
I love old barns and old buildings. In Piney Flats, TN (VERY country), there was an old barn with a beautiful tobacco field. I asked the owner's permission because their house was practically adjacent to the field. In nearby Johnson City (a good-size town) I very comfortably parked at the abandoned General / Modal Mills plant and flew without discomfort or incident. I believe the property is owned by a developer, but I learned that after the fact.
The exception to the "sandwich test" is if I know that there is some other issue or restriction.
I kind of look at it this way: If it is a place where I would be comfortable taking a camping chair out of my car, setting it down and eating a sandwich, then I will usually be comfortable launching my drone from there. (I'm not talking about putting my chair down at a gathering.)
I love old barns and old buildings. In Piney Flats, TN (VERY country), there was an old barn with a beautiful tobacco field. I asked the owner's permission because their house was practically adjacent to the field. In nearby Johnson City (a good-size town) I very comfortably parked at the abandoned General / Modal Mills plant and flew without discomfort or incident. I believe the property is owned by a developer, but I learned that after the fact.
The exception to the "sandwich test" is if I know that there is some other issue or restriction.
I never said I grant the USE of my property. But...if someone is retrieving a ball, walks by with a dog, is delivering something, all of which are short time events and no damage is being done...I don't care. No, I don't want people parking in my yard, having sporting events, etc. I think some will sit on their porch just looking for something to complain about.
Didja know that in Sweden this is legal? You have to stay some distance (don't remember the number) from the house, but it is legal.
Don't know about flying a drone there though...
Didja know that in Sweden this is legal? You have to stay some distance (don't remember the number) from the house, but it is legal.
Don't know about flying a drone there though...
Technically, it's legal in the UK too, it would simply amount to trespass which is a civil offence, not a criminal offence.
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I'm putting up two of this guys in my front fence... Things are as easy as long as you follow basic common sense, if you see one posted somewhere just stay away, even if you have see someone riding horses or walking a dog, just because you saw someone that is not indication that its ok to go in! Do some research before planning your trip (I do it as ham radio operator when trying to work portabke) most if the cities had some sort of website where you can search for public land or public parks, there is where i go and fly as long as its safe to do it.
Signs like that are a nice reminder that the owner doesn't want uninvited people on their property....but that's all they are good for. I doubt any law really would back that up. It's all about intent. If you were stopped on the side of road changing a flat tire and your dog got out and ran to the property, or even your child and you went to retrieve them...have you broken any laws and should you be prosecuted.? I could have a sign stating that if you enter my property, you have to pay me $10......do you think you could collect?
Trespass to land involves the "wrongful interference with one's possessory rights in [real] property."[12] It is not necessary to prove that harm was suffered to bring a claim, and is instead actionable per se. While most trespasses to land are intentional, British courts have held liability holds for trespass committed negligently.[70] Similarly, some American courts will find liability for unintentional intrusions only where such intrusions arise under circumstances evincing negligence or involve a highly dangerous activity.[13] Exceptions exist for entering land adjoining a road unintentionally (such as in a car accident), as in River Wear Commissioners v Adamson.
So I guess you could argue that a dog running onto someone's property is trespassing, however such trespass is not intentional and done so for safety of anyone else on the property and the dog as well.
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So I guess you could argue that a dog running onto someone's property is trespassing, however such trespass is not intentional and done so for safety of anyone else on the property and the dog as well.
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