garygid said:
Since landowners generally do not own the airspace above their land,
I would doubt that flying over property would actually be tresspassing.
However, there could be regulations, local, FAA, and otherwise, that
prohibit model aircraft or RC flying, by proximity to objects, or people,
or by altitude, etc.
I am not attorney, but the following passage from the AMA document was prepared by one. I imagine it takes a conservative view, but it does say that flying over another's property is trespassing. And it was written by an attorney who was paid to render legal advice. What any of us might think the law says is irrelevant, especially if we wind up in court.
"The law prohibiting trespass to land extends beyond uninvited entry onto
another's land on foot or in a vehicle. Trespass also occurs when there is an
uninvited entry into the airspace above the property of another or by burrowing
beneath the property of another. This follows the old common law rule that land
ownership allows the owner the right to use and enjoy the extent of his real
property "up to the heavens and down to perdition." Therefore, the flying of a
model aircraft into the airspace owned by another without the landowner's prior
permission is a violation of the landowner's right to the quiet use and enjoyment
of his property and does constitute a trespass."
But what about airplanes you might ask. Read on ...
"The privilege of necessary flight is comparable to that given for navigable streams
running through the private property of another. Therefore, full scale airplanes,
rockets, and the like may pass over private property with immunity from an action
for trespass."
And the bottom line from the attorney ...
"Therefore, you should continue to urge the AMA
members to avoid any flight over property where no permission has been granted. "
Interestingly, when your craft crashes onto another's property that is trespass, but the property owner does not have the legal right to confiscate or due (further) harm to your craft.
The above are just excerpts. I'd suggest anyone who wants to know the likely legalities read the whole thing. The law is very often not what we think it is. Whether or not we agree with it is immaterial.