Flying over private property

[geevee]

I've been a pro photographer for many years photographing everything fro architecture to glamour and every thing in between. Bottom line is if you photograph anything belonging to some one else with out permission ( a model release) and you get pulled into court you will loose weather your on the ground or in the air, but you can legally fly anywhere that is not restricted air space. If states restrict airspace you have to adhere to it if it is FAA approved. There are some states that are passing laws that are in violation of FAA rule and with that your on your own as to which way to go

well as a stock photographer (we know all about model and property releases and how annoying it can be to be asked to provide a PR for a piece of artwork on the fridge created by your child....) I would clarify this remark and say "for commercial use". You can shoot anything you like from public property (depends on the country) and it's fine for editorial use, and fine for personal use. In many countries you don't need a PR for a house or other property like boats, livestock, equipment. I've also shot plenty of fashion stuff without a release, but it was all organised through an agency, and ultimately the terms of use fall on the client there, not me.

I've actually chased someone away from flying a drone over my farm, even though I do it myself. Why? because someone from the city doesn't understand that if you spook the cattle and they run through the fences they are putting their lives and property at risk, as well as the wellbeing of my animals and the fences. If there were animals around I'd side with the owner of the farm in that case. Also to reiterate what Horsefly wrote, living on a farm is a beautiful, peaceful way of life and part of that bliss is not being near any other humans.

 

[PTBperegrine]

In Australia, CASA says that we are not to fly over private property. I believe this is a recommendation, not a regulation. All bets are cancelled until they roll out new drone laws in July.

 

[Deleted member 94047]

And here in Germany, you cannot fly over private property with out the permission of the owners - it is clearly stated as such. So you could be out in the middle of farms some where but legally - you would be in the wrong to fly. You cannot fly over area that is designated as a protected natural reserve (which is pretty much every tree and every lake), you cannot fly within 100 meters of all waterways, roads or rail tracks (which exludes pretty much any place), or within/over populated areas. I cannot go beyond 200 meters out for fear of violating anyone of these restrictions no matter where I take off from. Laws are getting tighter folks. Flying UAVs is the new smoking, it is like you can only do it legally in your own living room.

 

[Chas2379]

When I first started flying drones I flew over houses, not anymore. You might be legal as far as FAA air space but it is not legal to disturb the peace. These drones are very loud and people can be deprived of the quite use of their property. Quiet Enjoyment. A Covenant that promises that the grantee or tenant of an estate in real property will be able to possess the premises in peace, without disturbance by hostile claimants. Quiet enjoyment is a right to the undisturbed use and enjoyment of real property by a tenant or landowner. The neighbor has the right sue. My neighbors never complained but I got to thinking about it when I had an errant Phantom 4 land in a neighbors back yard. That's another story (no problems, no complaints). Some people just don't like the noise, the idea they might be spied on or the idea that a drone could fall in their yard. Let's be good neighbors.

 

[Drgnfli]

Beyond passing over his property at about 300 ft, I wasn't doing anything. I think he was concerned that I was taking photos, which I assured him I wasn't. Anyway, I've no intention of going back to that area

Well, he bullied you into withdrawing! I look at it like this, I am legally registered with the FAA & if within 5 miles of my nearest airport, I call and ask permission to fly my MP below 400'. If I get that OK, I don't need some bozo complaining about my flying over his house. After all, those airplanes from that airport fly over his house many times a day. Plus I have been recording the phone calls to the airport in case some bozo decides to confront me. It is time to stand up for our rights especially if we have followed all the rules & regulations... IMHO!... ???

 

[Drgnfli]

When I first started flying drones I flew over houses, not anymore. You might be legal as far as FAA air space but it is not legal to disturb the peace. These drones are very loud and people can be deprived of the quite use of their property. Quiet Enjoyment. A Covenant that promises that the grantee or tenant of an estate in real property will be able to possess the premises in peace, without disturbance by hostile claimants. Quiet enjoyment is a right to the undisturbed use and enjoyment of real property by a tenant or landowner. The neighbor has the right sue. My neighbors never complained but I got to thinking about it when I had a Phantom 4 quit and fall in a neighbors back yard. That's another story (no problems, no complaints). Some people just don't like the noise, the idea they might be spied on or the idea that a drone could fall in their yard. Let's be a good neighbors.

When I flew in my neighborhood the other day, I couldn't hear my MP because there were Harley's driving around the area. I wonder if they got reported for noise or disturbing the peace?

 

[Drgnfli]

This is a subject I feel pretty strong about. I live rural and fly over my own property. I live where I do for privacy and my neighbors are much the same. I don't even fly over part of my own property because it would get too close to my neighbors house. My self imposed limit is 75 meters laterally from their house which is 25 meters from the boundary.

Google photos are taken from a fairly high height, usually over 3000 AGL for aircraft pics up to low earth orbit so this argument is spurious. Street view doesn't drive down roads that aren't paved so we are safe from this. I find manned aircraft flying at or below 500 AGL to be just as offensive and report those who violate rules. If I pay for aircraft fert or weed control, I tell my neighbors before the air ops begin. Not due to laws, because it is the decent thing to do.

It has nothing to do with jealousy of your drone or aircraft, it has nothing to do with worrying about what you might see. It is about privacy. If you want to use someones property, buy your own, ask permission or use public airspace over public land.

That's great! But most droners don't have all that private property to fly over like you do. We have to weave and climb so we don't "offend" anyone. How about those folks learning the laws & stop the complaining. Welcome to the 21st century!... IMHO!!

 

[deleted member 877]

It is time to stand up for our rights especially if we have followed all the rules & regulations... IMHO!... ???

It's most probably too late to undo what has already been done by all of the irresponsible "it's all about me" drone pilots who have wreaked havoc on the reputation of the wider drone flying community.

But in any case, now is exactly the wrong time to be standing up for our "rights". Indeed we don't actually have any rights - we have privileges granted by the FAA and other authorities who have jurisdiction over the airspace and the places where we launch and land our drones.

Now is exactly the right time to be "flying" under the "radar" of public opinion by adhering to all FAA guidelines (regardless of whether or not they are currently ratified in law) and doing everything we can to avoid annoying people by not flying over their properties etc.

As a group, we need to totally clean up our act in an effort to be seen in the best possible light when the new FAA proposals pertaining to UAS are enacted into law.

 

[Drgnfli]

I want to meet the person who can hit a flying drone with a .22
Keep in mind I was in the infantry for 10 years, I know a bit about shooting stuff with stuff.

You are correct! 90% of civilians couldn't hit a moving drone with a shotgun let alone a .22.

 

[Drgnfli]

It's most probably too late to undo what has already been done by all of the irresponsible "it's all about me" drone pilots who have wreaked havoc on the reputation of the wider drone flying community.

But in any case, now is exactly the wrong time to be standing up for our "rights". Indeed we don't actually have any rights - we have privileges granted by the FAA and other authorities who have jurisdiction over the airspace and the places where we launch and land our drones.

Now is exactly the right time to be "flying" under the "radar" of public opinion by adhering to all FAA guidelines (regardless of whether or not they are currently ratified in law) and doing everything we can to avoid annoying people by not flying over their properties etc.

As a group, we need to totally clean up our act in an effort to be seen in the best possible light when the new FAA proposals pertaining to UAS are enacted into law.

I agree Pete, but it is not "all about me" because I will always be in the "right" because I follow the "rules" that are out there & I will not kowtow to someone who is just being a PITA because he/she doesn't know the rules. Hey Pete, CHILL!

 

[deleted member 877]

I agree Pete, but it is not "all about me" because I will always be in the "right" because I follow the "rules" that are out there & I will not kowtow to someone who is just being a PITA because he/she doesn't know the rules. Hey Pete, CHILL!

Yeah but you have to understand and appreciate the fact that those"PITAs (as you call them) are the very same people who will go out of their way to lobby their local politicians in an effort to have drones as heavily restricted as possible. And I am totally CHILL thanks - but also concerned about the welfare of the wider drone flying community. And this is also because it's not all about me.

We need to be on board with these "PITAs" but if you're not thinking outside of the box and seeing the bigger picture then you'll never get it.

 

[Former Member07122019a]

You are well within your rights to fly over his property, as much as any commercial airliner or care flight would.
With that said, I would try to avoid flying near his property or you may have someone shooting at your drone. Just sayin.

 

[Thomas B]

Yeah but you have to understand and appreciate the fact that those"PITAs (as you call them) are the very same people who will go out of their way to lobby their local politicians in an effort to have drones as heavily restricted as possible. And I am totally CHILL thanks - but also concerned about the welfare of the wider drone flying community. And this is also because it's not all about me.

We need to be on board with these "PITAs" but if you're not thinking outside of the box and seeing the bigger picture then you'll never get it.

No argument with what you say, just keep in mind that when it comes to people’s rights we are talking about, for analogy, a single pie that must contain the rights of all, so we want to ensure that drones and drone pilots get a big enough piece of that pie and not just crumbs. It isn’t about any ONE, but it is about balancing basic freedoms and the inalienable rights granted to all.

 

[Horsefly]

That's great! But most droners don't have all that private property to fly over like you do. We have to weave and climb so we don't "offend" anyone. How about those folks learning the laws & stop the complaining. Welcome to the 21st century!... IMHO!!

I am merely pointing out something townies don't seem to get. Would you find it offensive if someone flew a circuit over your backyard? At what height? What size backyard negates the right to privacy? Just because it is legal doesn't make it right. If you fly over at 2000 feet, no problem - from me.

There are lots of public land that government prohibits from flying since the public want to go and enjoy the great outdoors without being bothered by aircraft, jetskis, or offroad vehicles. There are prohibitions on flight of maned aircraft in these areas as well. Aeronautical Information Manual (AIM) - Page 514 Are these restrictions reasonable? This is public land after all! Does a private rural land holder have less right to peace and quiet than a person on rural public land? Chase 2379 gets it with his comment above.

For the record, I love all types of noisy sports and I love flying my drone... where appropriate! I also like some peace and quiet which is why I used my money to move out where I have a reasonable expectation of privacy. I occasionally hear Harley's, but they are 3 to 10 miles away.

 

[m0j0]

I am all about respecting other people and flying with comman sense. The amount of wild drone fliers really has not been that great. There is just a general lack of understanding and paranoia that continues to be pushed by the tin foil hat group and libs. That won't change. Fly by the rules. If they change the rules abide by them but the current rules allow us to fly. Respect privacy but don't allow crazies to push you around.

 

[Jeffm912]

I had 2 neighbors approach me while flying months ago worried about privacy. I showed them the controller and video on the ipad. Landed, went back inside to grab a new battery and my second remote and tablet so they could try for themselves. Within a week, they both bought a mavic pro and we cook out and fly on the weekends! Too easy.

Jeff

 

[jagraphics]

Tell them you work for a real estate agent.

Better still tell them you work for a Shale Gas Fracking company or Surveying for the Federal Prison Planing Dept. who are looking to build a new facility for rehabilitating ********* Offenders back into the community

******** Pick catagory of inmates to suite area.

 

[geckotrap]

I always offer to take some shots of their house for free!! Also I assume they have also complained to Google earth. If not, why not. I’ll complain as there were some bulk bags of gravel on my drive when they invaded my private airspace last. Lowered the value of my house!!

Just gonna post that suggestion! Hey, free aerial photos of your property? Normally you'd have to hire a photographer, who would have to hire time on an aircraft.
If they decline the offer, they're probably hiding something from the police.

 

[WAXMAN]

I truly have days where I will stop and talk to people depending on the circumstances but I am slowly getting tired of the rude people that interrupt me when I'm flying. Most of the time I will not engage and will finish what I am doing and leave. Early on I would tell them to get bent. I guess I have just been worn down a bit by the constant attention. Most of the time I look for a place to fly where I am away from people. I have to drive about 30 miles to get out of the NFZ to fly. No problem... I just am running thin on patience for the old dudes that always have some form of complaint. I'm about to put a sign up that says flight in progress do not approach operator.

"OLD DUDES" Watch your mouth! LOL.

 

[m0j0]

"OLD DUDES" Watch your mouth! LOL.

LOL - ok... seniors