Flying Over Private Property is Illegal?

[SOCPilot]

I can't speak to Causby. I had understood it was still a gray area.

Some states have passed laws that make it illegal. It's tough to track down the most current rules. Two resources include this site and this book Both are pretty current, but it's always up to you to make sure you know what's legal in your area. Also, some specific areas, like Orlando FL for example, have made some drone flights illegal as well.

 

[joet]

Let's not forget that municipalities can certainly make and enforce laws governing what you can do where your two feet are planted. What they cannot legislate is where your aircraft can fly once it is airborne. That's still the exclusive purview of the FAA, Causby et al to whatever unsettled degree to the contrary.

 

[David Rodwell]

The one thing I do know...if you park your drone outside the window of your neighbors 15 year old daughter, bad things will happen and you deserve what you get. There was a guy on here last week admitting he saw a person lying on the bed in a house he was "exploring" in the Hollywood Hills and was sure Big Brother was enfringing on his rights.

Usually bad things happen when you push the envelope or just do stupid things.

 

[hortcon1]

People need to read and understand the _entire_ statue. The statue does not specifically apply to civil or criminal, it (and all statues) apply to both. First and foremost, it _is_ used in criminal cases. If you break a statute, law enforcement can issue a citation or even arrest someone (hence, criminal). The person who suffered damages is also welcome to file a civil case against someone citing a statute being violated and showing damages.

However, if someone were to look over this statue that would see that it's much more then an issue of intent:

(e) “Surveillance” means:
1. With respect to an owner, tenant, occupant, invitee, or licensee of privately owned real property, the observation of such persons with sufficient visual clarity to be able to obtain information about their identity, habits, conduct, movements, or whereabouts; or
2. With respect to privately owned real property, the observation of such property’s physical improvements with sufficient visual clarity to be able to determine unique identifying features or its occupancy by one or more persons.

It's not just showing "intent", it's also being able to show that the person flying the drone is focusing on that person or property. That is why "surveillance" is mentioned. Keep in mind, it's _not_ the photo or video that matters (as this is protected under the US Constitution), it's the intent of the person taking the photo or video. Now, think about showing "intent". How would someone prove to another person that a person was intending to follow a person's movements. A simple fly by, containing photos or video from several other things, would not be enough.

A jury also gets to see the entire statute and have it explained to them. Anyone reading the entire statute would see that it's aimed at following a certain person or their vehicle. Such, as law enforcement following someone.

This is a _good_ law for every day people in order to protect them from law enforcement using drones to follow you around and gather information without a warrant. People should want _more_ states to have this same statute.

I am having an issue right now where I have a drone that sits outside my windows and hovers, I know there is video/photos being taken. We now have to hide in my house. I flipped it the bird the last time, The second time I held a sign, that stated "I see you, next time I shoot you down" I haven't seen it in about a week. But I have 20 acres of property..and I will destroy the MF'r if I see it near my house. Damned be the rules and regulations. I know most of you are serious flyers, and adhere to the rules.. But I was REALLY hoping I could find something legal I can do about it. Do they have jammers out yet?? LOL

 

[tcope]

I am having an issue right now where I have a drone that sits outside my windows and hovers, I know there is video/photos being taken. We now have to hide in my house. I flipped it the bird the last time, The second time I held a sign, that stated "I see you, next time I shoot you down" I haven't seen it in about a week. But I have 20 acres of property..and I will destroy the MF'r if I see it near my house. Damned be the rules and regulations. I know most of you are serious flyers, and adhere to the rules.. But I was REALLY hoping I could find something legal I can do about it. Do they have jammers out yet?? LOL

if you have 20 acres I'd guess that you don't have many neighbors. I'd simply ask around and see if anyone knows who owns it. Even if the person does not admit to it, i'm betting if they found out you were looking for them that you'd never see it again. Why not simply put some effort into a legal way to stop the crime?

Jammers are illegal in the US.

 

[yorlik]

I am having an issue right now where I have a drone that sits outside my windows and hovers, I know there is video/photos being taken. We now have to hide in my house. I flipped it the bird the last time, The second time I held a sign, that stated "I see you, next time I shoot you down" I haven't seen it in about a week. But I have 20 acres of property..and I will destroy the MF'r if I see it near my house. Damned be the rules and regulations. I know most of you are serious flyers, and adhere to the rules.. But I was REALLY hoping I could find something legal I can do about it. Do they have jammers out yet?? LOL

Ma'am, or should we just say troll, you are funny. Now that you've been signed up for a couple hours sir, will we be seeing more troll posts from you soon?

 

[hortcon1]

Ma'am, or should we just say troll, you are funny. Now that you've been signed up for a couple hours sir, will we be seeing more troll posts from you soon?

Not a troll, and I am not a Sir.. I am a Ma'am. I am legit interested in drones, have been for some time. But I also was more interested in the legal aspects of drones, and wondering why there were no laws on private use of these things. I figured the best place to be is here on your threads looking. I know people who use them for wedding photography, hunting, land surveying and real estate. But what other uses are they being used for besides spying on neighbors? what all do you people use them for?? Just being curious and want to learn..

 

[Deleted member 62848]

Not a troll, and I am not a Sir.. I am a Ma'am. I am legit interested in drones, have been for some time. But I also was more interested in the legal aspects of drones, and wondering why there were no laws on private use of these things. I figured the best place to be is here on your threads looking. I know people who use them for wedding photography, hunting, land surveying and real estate. But what other uses are they being used for besides spying on neighbors? what all do you people use them for?? Just being curious and want to learn..

Wow good read,yip i be angry to if i had one outside me window,big mistake on pilots part ,he or she should no better by now,well first got small drones and planes like most but when discover phantoms omg i want one,now got 4,the veiw from shots and vidios is outstanding and great fun to fly ,hooked 4 life,,ps 20 acres you should have a couple ,

 

[Tricky Lad]

Airspace over private property in the UK? A recurring topic of conversation.
Perhaps the following may give some help:
The statutory definition of land under section 205(1)(ix) of the Law of Property Act 1925 includes “land of any tenure, and mines and minerals … buildings or parts of buildings and other corporeal hereditaments; also … incorporeal hereditaments and an easement right privilege or benefit in over or derived from land”.
In plain English, ‘land’ means physical property (such as the soil and buildings which stand on it), as well as property which is intangible. This includes easements, i.e. rights of way over someone else’s land as well as airspace above the land.
Airspace
You also own, and have rights in the airspace above your property; however, these rights are limited. There are two types of airspace – the lower and upper stratums.
The lower stratum
This is the airspace immediately above/around the land. Interference with this air space would affect the landowner’s reasonable enjoyment of the land and the structures upon it. You can prevent people from interfering with or intruding on this airspace; for instance, projecting eaves or advertising signs, and tower cranes being used for construction work on an adjoining land, but which swing across your airspace.
The higher stratum
This is the airspace which exists above the height which is reasonably acceptable and necessary for the ordinary use and enjoyment of the land by its owner – around 500 to 1000 feet above roof space level (Section 76 Civil Aviation Act 1982). Landowners have no greater rights to this airspace than any other member of the public.
Bearing in mind the legal standard height limit in the UK is 400 ft, it is well within the 'lower stratum' and therefore ANY flight over the private property infringes the law and I would venture to suggest that it justifies a property owner taking whatever action he can (bringing the drone down?) to preserve his privacy. Hopefully, a responsible pilot will already have permission before this point!

 

[Hendricks]

I see news articles occasionally about land owners calling the police when a drone flies over "private property.” Yet no one seems to call the police when United Airlines flies over private property.

Is there a limit to private property ownership in the Z-axis (measured in feet)? If so, wouldn’t that mean that all airspace is open for drones except where specifically restricted or prohibited by the FAA?

I’m confused about this and would like to find an answer.

Here in Canada, our version of the FAA is Transport Canada and this government department is responsible for transportation matters in this country.

Recently, Transport Canada has come out with a 'heavy handed' approach in its attitude toward quad copter operations.
Here is a brief overview of the regulations governing drone flying in Canada:

1. You are not allowed to fly a drone anywhere within a 9 kilometre radius of any airport. It doesn't matter if the airport or air field is used seasonally.

2. You must maintain a 150 foot ceiling above any crowds, vehicles, buildings, or animals.

3. There is a maximum 300 foot ceiling in effect.

4. No after dusk flight operations. Period.

If you are caught in violation or any of these regulations, you are subject to a $3,000 fine. Additional offences result in higher fines.

Transport Canada has ' downloaded' responsibility for enforcing these new regulations to local law enforcement.......that means local and regional police departments.
Transport Canada has told people that if they see a drone operating and the person feels concerned about the operation of the drone, then they should call 911 and report it to their local police department.

That's the situation- as of today - in Canada.

 

[THA]

Not a troll, and I am not a Sir.. I am a Ma'am. I am legit interested in drones, have been for some time. But I also was more interested in the legal aspects of drones, and wondering why there were no laws on private use of these things. I figured the best place to be is here on your threads looking. I know people who use them for wedding photography, hunting, land surveying and real estate. But what other uses are they being used for besides spying on neighbors? what all do you people use them for?? Just being curious and want to learn..

It is very difficult to use one for "spying" on anything. If it is just outside your window, most likely but if the camera is more than 50 feet or so, the wide angle of the lens and resulting photograph would be almost unrecognizable. This if for most cameras on UAVs. Yes there are some that may have different cameras that can get more closeup photos but not usual.

You should find someone with a UAV and ask them to show you pictures they have taken or better yet, let you observe a flight and you will see the aspect to the pictures.

 

[Zerone]

Airspace over private property in the UK? A recurring topic of conversation.
Perhaps the following may give some help:
The statutory definition of land under section 205(1)(ix) of the Law of Property Act 1925 includes “land of any tenure, and mines and minerals … buildings or parts of buildings and other corporeal hereditaments; also … incorporeal hereditaments and an easement right privilege or benefit in over or derived from land”.
In plain English, ‘land’ means physical property (such as the soil and buildings which stand on it), as well as property which is intangible. This includes easements, i.e. rights of way over someone else’s land as well as airspace above the land.
Airspace
You also own, and have rights in the airspace above your property; however, these rights are limited.

Bernstein v Skyviews & General Ltd [1977] EWHC QB 1 High Court

The defendant company took aerial photographs of properties and offered to sell them to the owners of the properties in the photos. The claimant owned Coppings Farm in Kent and complained that the photographs were taken without his consent, was an invasion of his privacy and had been obtained by trespassing onto his airspace. He demanded the negatives should be handed over to him or destroyed.

Held:

There was no trespass. A landowner only has rights in the airspace to such a height as is necessary for ordinary use and enjoyment of the land. Even if there was an action for trespass, this would not provide a remedy in relation to the photos as there was no law against taking a photograph. The taking of a photograph could not turn an act which was not trespass into trespass.

 

[F3honda4me]

My personal view is that unless there is physical harm or demonstrable violation of privacy where one would reasonably expect privacy, then it should be legal. For example if I am inside my own home, I have a reasonable expectation of privacy as defined by law. If I am outside, then I do not. So in most cases, flying over private property is legal, because in most cases your property and everything outside is likely viewable from a public space or someone else’s space, including manned aircraft.

 

[AirMan05446]

I am having an issue right now where I have a drone that sits outside my windows and hovers, I know there is video/photos being taken. We now have to hide in my house. LOL

If it sites OUTSIDE your windows and hovers why would "have" to hide in the house? Strange.

Anyway, if this is indeed happening, there are laws on the books that address this. Voyeurism and harassment come to mind. Your best course of action is to contact your local police agency and get a paper trail going.

If you do want to take matters into your own hands, just install a ton of flood lights pointing up and out from your home. They won't be able to see anything.

 

[Jaydubya84]

I see news articles occasionally about land owners calling the police when a drone flies over "private property.” Yet no one seems to call the police when United Airlines flies over private property.

Is there a limit to private property ownership in the Z-axis (measured in feet)? If so, wouldn’t that mean that all airspace is open for drones except where specifically restricted or prohibited by the FAA?

I’m confused about this and would like to find an answer.

A commercial passenger jet flying 40k feet over a private resident does not compare in the slightest to a drone flying 50 ft over a private residence packing potentially a 4k UHD live feed camera capable of recording UHD video and still photographs.

 

[Jaydubya84]

I see news articles occasionally about land owners calling the police when a drone flies over "private property.” Yet no one seems to call the police when United Airlines flies over private property.

Is there a limit to private property ownership in the Z-axis (measured in feet)? If so, wouldn’t that mean that all airspace is open for drones except where specifically restricted or prohibited by the FAA?

I’m confused about this and would like to find an answer.

Let me ask this and see if it puts things in perspective. What would you do if you watched someone park a boom lift on the public street in front of your house, never STEPPING one foot on your property, then proceed to slowly lift a guy holding a camera 80ft directly over your private property.

 

[N017RW]

Let me ask this and see if it puts things in perspective. What would you do if you watched someone park a boom lift on the public street in front of your house, never STEPPING one foot on your property, then proceed to slowly lift a guy holding a camera 80ft directly over your private property.

Creepy, but I’d ask him what he was interested in.
Not so easy with a remote vehicle operating with anonymity.