Height above private property?

[Gringorio]

So I've read this: Fact Sheet – Small Unmanned Aircraft Regulations (Part 107), but am wondering if this is accurate? Is flying over someone's house illegal if no one is is outside under the drone? We have a neighbor claiming most airspace above their house is their property and drones flying overhead is, therefor, illegal. Can anyone provide clarification?

 

[Thomas B]

Go to the FAA website. FAA controls all U.S. airspace from the ground up... period. Your neighbor is either mistaken or antidrone.

Frequently Asked Questions

www.faa.gov

 

[sar104]

Property owners do not own the airspace. There is legal precedent that establishes a right to use the space above property to a reasonable level related to the height of structures, etc., but airspace above that is not private. There are also applicable privacy and nuisance laws, and so flying low above private property can still fall foul of those.

 

[Thomas B]

Added to my post above... for your neighbor.

Frequently Asked Questions

www.faa.gov

 

[Gringorio]

Property owners do not own the airspace. There is legal precedent that establishes a right to use the space above property to a reasonable level related to the height of structures, etc., but airspace above that is not private. There are also applicable privacy and nuisance laws, and so flying low above private property can still fall foul of those.

Thanks! They did not specify how much air space they claim to own. They are concerned about a drone found on someone's roof and privacy etc. I referred them to the FAA website, describing what you stated and suggesting if they feel threatened to make a complaint. Am looking to guide them to accurate info.

 

[Gringorio]

Added to my post above... for your neighbor.

Frequently Asked Questions

www.faa.gov

Thanks for this!

 

[Thomas B]

Thanks for this!

Welcome

 

[bumper]

States will likely also have laws affecting drone use. In Nevada, NRS 493.103 states one cannot overfly private property at an altitude less than 250 feet AGL. However, it's interesting to note that doing so the first time is not trespass, and that the onus is on the property owner to notify the drone operator, in writing, that he does not have the owner's permission to overfly his property at less than 250'. Further flight at <250' would then be trespass. (There are separate laws regarding peering through windows etc.)

 

[Sothis]

EASA (EU) has specified minimum 20 meters (65 feet) over private property, and that seems reasonable to me.
https://www.easa.europa.eu/sites/default/files/dfu/217307_EASA_DRONE_POSTER_2018 final.pdf

 

[paul242]

EASA (EU) has specified minimum 20 meters (65 feet) over private property, and that seems reasonable to me.
https://www.easa.europa.eu/sites/default/files/dfu/217307_EASA_DRONE_POSTER_2018 final.pdf

Looking through that document, it mentions markings on your drone that you may have, C0, C1, C2 etc. Anyone have those?
Also it mentions uploading your registration number onto the e-identification system. Is that a thing yet?

 

[Sothis]

I have the RO1 registration (NOR), operator ID (UK) and telephone number on my mini. Regular Dymo tape.

 

[paul242]

I have the RO1 registration (NOR), operator ID (UK) and telephone number on my mini. Regular Dymo tape.

I'm guessing the EASA e-identification system is not up and running yet.

 

[Sothis]

I'm guessing the EASA e-identification system is not up and running yet.

Neeh, not in Norway anyway where I am currently located. I can still legally fly BVLOS with my mini here.

 

[pross]

I can still legally fly BVLOS with my mini here.

Are you sure? From what I found "The drone should always be kept within your sight and operated in a mindful and considerate manner. Never fly near accident sites."
Taken from Drone guide

 

[Sothis]

Are you sure? From what I found "The drone should always be kept within your sight and operated in a mindful and considerate manner. Never fly near accident sites."
Taken from Drone guide

Well that is the words in section 51. last chapter for drones under 250g.
Regulations of drones

 

[svickstc]

So as far as I understand flying over someones house is not illegal, but say hovering over a backyard pool with someone sunbathing in the back or trying to peak through a window is another story.

Just respect the privacy of your neighbors, I try to stay a good distance ~120 ft. above houses when I'm flying from point A to point B (usually at this height you can't hear the UAV only visually can pick up on it if you are looking). just to avoid any he said she said privacy concerns harassment issues. Your Neighbor literally owns or controls no airspace associated with his property boundary

 

[Bigbird48]

States will likely also have laws affecting drone use. In Nevada, NRS 493.103 states one cannot overfly private property at an altitude less than 250 feet AGL. However, it's interesting to note that doing so the first time is not trespass, and that the onus is on the property owner to notify the drone operator, in writing, that he does not have the owner's permission to overfly his property at less than 250'. Further flight at <250' would then be trespass. (There are separate laws regarding peering through windows etc.)

The State of NV can not make laws that contradict Federal Law, be that the FAA controls all air space from the ground up.

 

[bumper]

The State of NV can not make laws that contradict Federal Law, be that the FAA controls all air space from the ground up.

Oh yes they can, a least inasmuch as it *doesn't* conflict with federal law, and when it does, most court decisions tend to be reasonable when it comes to private property. There are numerous court cases addressing the conflicts between avigation and private property rights. Though I will admit there are conflicting arguments on both sides. I've been a private pilot (SEL, Instrument & Glider) and aircraft owner since 1991, so while that makes me no expert, I'm at least familiar with how convoluted things can get.

See:Navigable Airspace for Drones: Private Property Rights and Regulated Airspace

 

[Thomas B]

Oh yes they can, a least inasmuch as it *doesn't* conflict with federal law, and when it does, most court decisions tend to be reasonable when it comes to private property. There are numerous court cases addressing the conflicts between avigation and private property rights. Though I will admit there are conflicting arguments on both sides. I've been a private pilot (SEL, Instrument & Glider) and aircraft owner since 1991, so while that makes me no expert, I'm at least familiar with how convoluted things can get.

See:Navigable Airspace for Drones: Private Property Rights and Regulated Airspace

You are correct..... States, municipalities, and even HOAs have passed laws and rules of all types when all they can control is whether or not TO/landing is allowed on the property they control. As a matter of fact they are not legal as the skies from terra firma up are controlled by FAA as the agency designated to control U.S. national airspace by the federal government.

Still, court battles can be expensive, likely what they are counting on. Also they can prosecute/charge a drone operator with other statute violations unrelated to flight, like disturbing the piece, etc.

just obey FAA regs and use common sense.

most of all.. Enjoy your bird.

 

[Chip]

I am supposed to be studying the proposed regs right now but I got sidetracked with this:

FLIGHT AND FEDERALISM: FEDERAL PREEMPTION OF STATE AND LOCAL DRONE LAWS (2018)

UW Law Digital Commons

Events and publications created or sponsored by University of Washington School of Law centers, programs, projects.

digital.law.washington.edu

Great article if you want to get into the nitty gritty with good summaries of the key cases several of which have been discussed previously on the forum.

Now, for those who prefer a nice simple graphic to 37 pages of text, I give you this:



The Ninth Circuit Court of Appeal (Federal) said a city in Hawaii can ban sky banners like this but the Colorado Supreme Court said a city in Colorado could not (due to FAA preemption). Its an example of potential conflict between federal and state/local regulation and related court decisions.

Other examples cited in the article of what types of state laws or city ordinances regarding drones may or may not be preempted:

Any state or local altitude restriction (ie must fly above 250 feet) is likely preempted. State or local regulation of using drone specifically for fishing or hunting is not likely preempted. Nor is defining prohibited surveillance with a camera.

Okay back to studying the regs….. ?