Where do I stand

WV. Rootman · Mar 17, 2019

Look at any issue that deals with ownership, it is only an illusion. The government and money will dictate what you do with even your own body. The government thinks they own your children, they do. Just try to test them on it. The rules will change to satisfy that criteria. What ever suits the government and big business. If the business faction want drones, then drones will be flying over your backyard, because money drives the government.
It very easy to see which way things will go. Private ownership loses. Keep flying, on this one you win.

gvsukids · Mar 24, 2019

Trackerputnam said:
How about going to the neighbor before hand and letting them know you are going to be flying. Show them the equip and offer to let them fly it. You can show them what you can and can not see. And you can show them it’s for fun or that your objective is capturing some video for their neighbor. I have never yet had a problem when I have first walked up to the neighboring property owners and had a chat with them. Laughs and smiles learning to fly a drone “Trump” frowns and arguments later.

I would be careful having someone fly it who has no experience. If they crash it into a tree are they going to replace it?

gvsukids · Mar 24, 2019

John Decker said:
Yep, totally illegal to overfly B in those circumstances in New Zealand at any height

How do they know u flew over their property?

2edgesword · Mar 24, 2019

Satellite Aerial View said:
No one owns airspace so if that was me I would over his land and nothing he can do. The FAA and other organisations in other countries control airspace from the ground up.

Wrong, and if you use a common sense approach to think about the issue you'd realize you are wrong. If someone flies a drone one foot above the ground in your backyard are you saying you have no right to take out the drone? How about two feet or six feet or ten feet or a hundred feet? The court and common sense recognizes that some airspace above your property is in your control.

Ansia · Mar 25, 2019

It was my understanding of the Causby case that the airspace considered as being able to be used by the land owner belongs to the him/her even if it isn't ocupied at the moment. In other words, you can't expect the land owner to be able to use the airspace at 100' (30m) over their land (with that definition), making it free air space.

The courts said that FAA controls from 500' (152m) and above and with the increasing topic of drones, people are looking to the FAA to regulate the space below 500'. With the FAA Reauthorization Act of Oct 5, 2018 allowed the FAA to change this, but they haven't been completely clear about this as of yet.

cheddarman · Mar 25, 2019

Judging by all the replies and arguments, it is very apparent that there is a wide understanding of what is and what isn't allowed and just who owns what when it comes to air space. There seems to be no definitive statement in any country about this issue which I why I raised it. Here in the UK I have found nothing that says EXACTLY where you can and can't fly other than the guidance notes. Maybe it will change in November when we have to register our AC's.

2edgesword · Mar 25, 2019

cheddarman said:
Judging by all the replies and arguments, it is very apparent that there is a wide understanding of what is and what isn't allowed and just who owns what when it comes to air space. There seems to be no definitive statement in any country about this issue which I why I raised it. Here in the UK I have found nothing that says EXACTLY where you can and can't fly other than the guidance notes. Maybe it will change in November when we have to register our AC's.

Your statement is true with respect to the U.S. There are conflict "official" statements, laws and rulings by the courts on this issue. One of those statements centers around the word "immediately" with respect to the airspace "immediately" above a landowner's property. Is "immediately" one inch, one foot, one yard, etc.? Is it the airspace in which we would not expect civic aviation to occur? That has changed with the advent of drones but it should be clear that 2 feet above the grass in my backyard is NOT included in what is considered navigable airspace open to drone operations by anyone other than the property owner. As much as I hate the idea of more regulation I foresee some further clarification on the issue of airspace rights below 500' and with the regulation a determination on how a violation would be ascertained and enforced.