Can I fly my drone above private property?

[PandaOnWelfare]

This has probably been posted before but I haven't seen anything on the internet about it after a google search so I will ask.
Can I fly above my neighbors and private property in the US?

 

[Fat Daddy]

Maybe. Great answer, right? We are kind of playing with the question here:

AP article new drone panel & privacy DJI refused to sign

 

[PandaOnWelfare]

Maybe. Great answer, right? We are kind of playing with the question here:

AP article new drone panel & privacy DJI refused to sign

But isn't this question answered as easy as just looking at FAA regulations?

 

[BDOG]

84 Feet above is where the FAA takes over the airspace. So people own their property up until 84 feet and above for the moment.
As long as you are headed above that limit and transiting across their private property to another destination then you should be fine.

If the neighbors property IS your destination then without permission I would not even attempt that.

These types of questions are being sorted through at the current time with various court cases that will set presidents for the future of drone flight. Things like shooting down another persons drone and someone was stalking my kids from a drone flight are hot topics.

 

[Fat Daddy]

It SHOULD be simple but it isn't right now.

Bdog, I've never heard the 84 feet rule. Can I ask where you found that number? I see you live part time in NV (I'm full time). We had a law passed last legislative session that addressed UAVs that made possible to be trespassing under 250' in NV. It was passed and signed by the governor but when I try to find it in NRS, I can find it. I'm wondering if the FAA regulations that came out after the law was passed, changed something.

AB239

NRS: CHAPTER 493 - GENERAL PROVISIONS

 

[BDOG]

Navigable Airspace: Where Private Property Rights End and Navigable Airspace Begins | On the Radar

 

[tcope]

84 Feet above is where the FAA takes over the airspace. So people own their property up until 84 feet and above for the moment.

Not really. It's more of an easement. They "own" what the can use. If they are not "using" 10' above their land then they have no "ownership". The best way to look at this is that a person has a right to use their land as it was intended. So something in the air cannot interfere with this. If I can fly over your house quickly at 60' and this does not prevent you from using your land, it's perfectly fine.

 

[BigAl07]

Not really. It's more of an easement. They "own" what the can use. If they are not "using" 10' above their land then they have no "ownership". The best way to look at this is that a person has a right to use their land as it was intended. So something in the air cannot interfere with this. If I can fly over your house quickly at 60' and this does not prevent you from using your land, it's perfectly fine.

That's about the best way I've heard it put recently.

To further "muddy the water" I'd like to add this - Just because you are "able" to fly over someone's property doesn't always mean you should or it's a good idea. Remember right now is a very sensitive time in regards to UAS flights in the US and all it would take is one significant court case against us to create a precedent against us that would severely restrict what we CAN do.

Being a courteous neighbor and talking to the land owner beforehand (if possible and practical) could go a long way in the future. Also being a diplomat and trying to "share the knowledge" in a non-offensive way with people who ask/watch can also go a LONG way to better all of us in the hobby.

 

[Fat Daddy]

So I did some research on the NV law I posted a link to above. It is law, it is actionable, it just haven't been codefied yet. So, in NV if you are over 250' you are okay, unless you are doing tricks over people. Under 250' you can be cited for trespassing if an owner complains AND you have been previously notified by that owner that he does not want you flying over his property.

I know LA has some legislation too.

So, the answer still seems to be maybe you can fly over your neighbors home.

Big has it right. We need to be good ambassadors for this hobby. It's the best way we can help assure we get to keep flying.

 

[BigAl07]

So I did some research on the NV law I posted a link to above. It is law, it is actionable, it just haven't been codefied yet. So, in NV if you are over 250' you are okay, unless you are doing tricks over people. Under 250' you can be cited for trespassing if an owner complains AND you have been previously notified by that owner that he does not want you flying over his property.

I know LA has some legislation too.

So, the answer still seems to be maybe you can fly over your neighbors home.

This is true or at least at the moment. LOL

A lot of this will change in the coming months/year as these cases go to court. The one thing to keep in mind is that the FAA is adamant that they and ONLY they can control airspace. I highly suspect that it will take several court cases to get appealed up the ladder to get a long-term and enforceable law on the books. With that in mind do go into this realizing that just "airspace laws" are not your only caveat. You have privacy, dangerous behavior, and many other "potential" citations that could be levied against you when flying over property you don't own.

 

[BDOG]

There will be cases that test Nevada's law in the future without a doubt. We are all not ambassadors of goodwill when it comes to flying over others persons or property.

All it takes is one ******* or complete moron to screw things up and believe me that with over ONE MILLION new drones sold in 2015 alone there will be lots more than one or two. Its the law of averages. The idea is not to be one of them!

These case will be tried by the media as they occur and then legislative bodies will catch up and pass laws against usage of UAV's in many ways we never dreamt possible.

There is an old saying that if you enjoy something the government will either outlaw it or find a way to tax you for it. You don't want me to rattle off examples from history where this was the case.

Exploit the current lack of regulation while it exists and fly now and fly often. Its not going to be this way for long. Its still the wild , wild, west for drones at the current moment.