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Neighbors, and back-yard flying

S2005

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Joined
May 13, 2020
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Age
37
Location
South Alabama
Hi everyone.

I'm still new. I'm still reading, researching, and learning about this hobby. I was over at my parents house last week, swimming and grilling out. I brought the drone to show it to my dad. I took it up in his back yard, and zipped around a little, followed my kids with it while they ran around the yard, went up to 250' to catch a sunset picture, and back down. It wasn't up long, and I never left his backyard.


We were over again yesterday, and he showed me a letter he got in the mail...

Untitled.png

I'd like to go ahead and add, that I've decided to not fly in his yard anymore, legal or not. I'd also like to add, that not only did I never fly near the fence, I wasn't recording. I absolutely do not want to escalate the situation. We don't need more people hating drones, getting more laws passed against them. (Also, how does someone say something like "It was pointed directly at me, and filming me" when they clearly have NO idea if that's true /s)

The legality gets so confusing for stuff like this. At least to me. I'm not great at reading case law.

She's one of those neighbors that complains about everything. We had my 30th birthday by the pool, a few years back, and we had the music on. It wasn't loud. Maybe a few decibels louder than a normal speaking volume. My kids swimming made far louder noise, and she called the cops.

This time, no police, but I imagine it's because when she called, they told her it was a legal activity?

As far as I understand it, flying around your own back yard is legal, unless you're intentionally performing surveillance. I've read a little about the "reasonable expectation of privacy" thing, and that also gets confusing. There is a lot of case law in both directions... There is a privacy fence, but it's owned by my parents. I'd still assume you have reasonable expectation of privacy in your fenced back-yard though, so that's added to my decision to not fly there anymore.

I can't find a lot of great resources to read specific law, but I've read everything I can on the federal and state level.

Anyone have some insight on this?

Thanks in advance!

Right now, I'm considering going over one day, knocking on her door, and apologizing. Offering to educate her a little on the drone, and the laws governing them, but I don't think it would do any good.
 
Your understanding is pretty much completely correct, but people making these complaints often seem to append the fantasy that the pilot was intentionally filming them or spying on them. Whether you indulge their paranoia and just avoid flying there, try to educate them, or simply ignore their issues and continue to fly legally is really a personal decision.
 
Good attitude and proper actions. Follow thru with a chat. Let us know the outcome. I had a very similar situation in my neighborhood and had a chat. Haven't had any problems since and no shots fired :oops:.
 
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In Australia provided you comply with CASA regs you would have no problems. There is no right to privacy outside your dwelling and ALL airspace belongs to CASA.

Has any of us preemptively (e.g.: before the flight) visited the neighbor to inform them of your intentions? Go with your drone and screen in hand and explain your plan and your intentions.
 
Hi everyone.

I'm still new. I'm still reading, researching, and learning about this hobby. I was over at my parents house last week, swimming and grilling out. I brought the drone to show it to my dad. I took it up in his back yard, and zipped around a little, followed my kids with it while they ran around the yard, went up to 250' to catch a sunset picture, and back down. It wasn't up long, and I never left his backyard.


We were over again yesterday, and he showed me a letter he got in the mail...

View attachment 101802

I'd like to go ahead and add, that I've decided to not fly in his yard anymore, legal or not. I'd also like to add, that not only did I never fly near the fence, I wasn't recording. I absolutely do not want to escalate the situation. We don't need more people hating drones, getting more laws passed against them. (Also, how does someone say something like "It was pointed directly at me, and filming me" when they clearly have NO idea if that's true /s)

The legality gets so confusing for stuff like this. At least to me. I'm not great at reading case law.

She's one of those neighbors that complains about everything. We had my 30th birthday by the pool, a few years back, and we had the music on. It wasn't loud. Maybe a few decibels louder than a normal speaking volume. My kids swimming made far louder noise, and she called the cops.

This time, no police, but I imagine it's because when she called, they told her it was a legal activity?

As far as I understand it, flying around your own back yard is legal, unless you're intentionally performing surveillance. I've read a little about the "reasonable expectation of privacy" thing, and that also gets confusing. There is a lot of case law in both directions... There is a privacy fence, but it's owned by my parents. I'd still assume you have reasonable expectation of privacy in your fenced back-yard though, so that's added to my decision to not fly there anymore.

I can't find a lot of great resources to read specific law, but I've read everything I can on the federal and state level.

Anyone have some insight on this?

Thanks in advance!

Right now, I'm considering going over one day, knocking on her door, and apologizing. Offering to educate her a little on the drone, and the laws governing them, but I don't think it would do any good.
I live in a neighborhood (USA) that has an HOA and a community web site. Before I flew a few weeks ago to shoot a neighbors roof for hail damage I posted my flight day and time ahead of time as a courtesy. As a result several of the neighbors came out with their kids to watch and check it out. The result was that everyone that came out had a positive attitude toward me and the drone. The kids were fascinated. Sounds like you are, always take the high road. I only takes one drone pilot with attitude to keep the pot stirred!
 
Personally, I'd just ignore the letter. I suspect that she never reported anything to the police, as they never contacted anyone to investigate a complaint. I also suspect she does not have an attorney (contact "my" attorney). I'm guessing that there was no filming done to the inside of her home. I don't see that she has any _reasonable_ expectation of privacy in her backyard as you can simply look right over the fence. If you wanted to go a step further, perhaps have someone explain the situation to her, or even right a letter back. Perhaps she is so important and interesting that everyone wants to see what she is doing all of the time.
 
Hi everyone.

I'm still new. I'm still reading, researching, and learning about this hobby. I was over at my parents house last week, swimming and grilling out. I brought the drone to show it to my dad. I took it up in his back yard, and zipped around a little, followed my kids with it while they ran around the yard, went up to 250' to catch a sunset picture, and back down. It wasn't up long, and I never left his backyard.


We were over again yesterday, and he showed me a letter he got in the mail...

View attachment 101802

I'd like to go ahead and add, that I've decided to not fly in his yard anymore, legal or not. I'd also like to add, that not only did I never fly near the fence, I wasn't recording. I absolutely do not want to escalate the situation. We don't need more people hating drones, getting more laws passed against them. (Also, how does someone say something like "It was pointed directly at me, and filming me" when they clearly have NO idea if that's true /s)

The legality gets so confusing for stuff like this. At least to me. I'm not great at reading case law.

She's one of those neighbors that complains about everything. We had my 30th birthday by the pool, a few years back, and we had the music on. It wasn't loud. Maybe a few decibels louder than a normal speaking volume. My kids swimming made far louder noise, and she called the cops.

This time, no police, but I imagine it's because when she called, they told her it was a legal activity?

As far as I understand it, flying around your own back yard is legal, unless you're intentionally performing surveillance. I've read a little about the "reasonable expectation of privacy" thing, and that also gets confusing. There is a lot of case law in both directions... There is a privacy fence, but it's owned by my parents. I'd still assume you have reasonable expectation of privacy in your fenced back-yard though, so that's added to my decision to not fly there anymore.

I can't find a lot of great resources to read specific law, but I've read everything I can on the federal and state level.

Anyone have some insight on this?

Thanks in advance!

Right now, I'm considering going over one day, knocking on her door, and apologizing. Offering to educate her a little on the drone, and the laws governing them, but I don't think it would do any good.
Fly your drone and don’t cave in. Let her complain. Fly your drone.
 
Thank you all for your responses!

I think I'll go have a chat. Luckily, none of MY neighbors have started a fuss about it, but this will be a good way to practice what to say :)

Are there any good resources I could print out to show her? I found this FAA press release that I'm probably going to print and bring with me, but I could use some talking points that don't sound like I'm being a ****...
 
I have a suggestion! Do a professional looking real estate photo of your home from the street. Print it out on your printer (color would be great). Then show it to the neighbor and offer to do a free one for her (him). I don't believe you need a 107 license to give it away but I'm sure the sleuths on this forum will tell me if I am wrong. I'd call it soft bribery! Let me know your thoughts.
 
Texas Legislature passed the “Use of Unmanned Aircraft” statute Government Code Section 423.003 that is currently being challenged in the courts but until overturned provides guidelines on flying over personal property and surveillance. I would be surprised if Alabama didn't have a drone statute.
 
From what I can find, they defer to the FAA (Which is what they're supposed to do if I'm understanding correctly.)

I don't live near Oxford, which is the only city I can find with specific local laws.


 
I have a suggestion! Do a professional looking real estate photo of your home from the street. Print it out on your printer (color would be great). Then show it to the neighbor and offer to do a free one for her (him). I don't believe you need a 107 license to give it away but I'm sure the sleuths on this forum will tell me if I am wrong. I'd call it soft bribery! Let me know your thoughts.

Agreed, an unsolicited one-off photo given to a neighbor isn't going to trigger the Part 107 requirement - it could still be regarded as a recreational flight.
 
I'd like to go ahead and add, that I've decided to not fly in his yard anymore, legal or not. I'd also like to add, that not only did I never fly near the fence, I wasn't recording. I absolutely do not want to escalate the situation.
Perfect attitude for today’s world...nice job! Your objective for the drone demo was to show your dad...so mission-accomplished.

Hopefully he’ll be ordering his MA2 and will be joining this forum soon, too! Thumbswayup
 
Hi everyone.

I'm still new. I'm still reading, researching, and learning about this hobby. I was over at my parents house last week, swimming and grilling out. I brought the drone to show it to my dad. I took it up in his back yard, and zipped around a little, followed my kids with it while they ran around the yard, went up to 250' to catch a sunset picture, and back down. It wasn't up long, and I never left his backyard.


We were over again yesterday, and he showed me a letter he got in the mail...

View attachment 101802

I'd like to go ahead and add, that I've decided to not fly in his yard anymore, legal or not. I'd also like to add, that not only did I never fly near the fence, I wasn't recording. I absolutely do not want to escalate the situation. We don't need more people hating drones, getting more laws passed against them. (Also, how does someone say something like "It was pointed directly at me, and filming me" when they clearly have NO idea if that's true /s)

The legality gets so confusing for stuff like this. At least to me. I'm not great at reading case law.

She's one of those neighbors that complains about everything. We had my 30th birthday by the pool, a few years back, and we had the music on. It wasn't loud. Maybe a few decibels louder than a normal speaking volume. My kids swimming made far louder noise, and she called the cops.

This time, no police, but I imagine it's because when she called, they told her it was a legal activity?

As far as I understand it, flying around your own back yard is legal, unless you're intentionally performing surveillance. I've read a little about the "reasonable expectation of privacy" thing, and that also gets confusing. There is a lot of case law in both directions... There is a privacy fence, but it's owned by my parents. I'd still assume you have reasonable expectation of privacy in your fenced back-yard though, so that's added to my decision to not fly there anymore.

I can't find a lot of great resources to read specific law, but I've read everything I can on the federal and state level.

Anyone have some insight on this?

Thanks in advance!

Right now, I'm considering going over one day, knocking on her door, and apologizing. Offering to educate her a little on the drone, and the laws governing them, but I don't think it would do any good.
Hi.
Although in a different country with different laws the law of respect applies everywhere. I’d go and say hello, apologise and offer to show her the drone and what it can do. Maybe offer to take some photos of her section for her. You never know.

I think your attitude is good in the circumstances.
 
Has any of us preemptively (e.g.: before the flight) visited the neighbor to inform them of your intentions? Go with your drone and screen in hand and explain your plan and your intentions.
Not bad advice considering her history of calling the cops. I’m just wondering if she may have called the police so many times, they just ignore her now.
 
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I think you just have to be conscious of other peoples right to privacy, especially in their own fenced backyards.
A bit of empathy as to the unknown (to them) factors of drone use.

If you can see it from the street, no problems, but if a fenced backyard is only visible from the air (or a giant ladder ?) then it's best to take off, fly away and fast to a height they won't even know you're there.
Land similarly, quick and without hovering, even come in via a glide path, they won't even notice the sound as it passes by quickly, or think it's a lawnmower / motorised bike etc.

Don't hover more than 10 - 15 seconds, even if composing / taking a sunset pic, you know you're not filming them, they don't.

I've flown a few times at home, usually to try something I can't wait to test, usually go to a large isolated park, or other place where people are not nearby.

Have a chat with her by all means, she might be someone you can approach and convince you weren't even filming, just having some fun flying.
She might be unstable too, and it could turn out she's even more paranoid after talking, worth a shot though, she's your dads neighbour.
 
I didn’t think an offer of apology is a good way to go but an offer of picture like your house as said above is nice. Remember she violated your rights too. I mean look your “ visiter fly the drone.“ Heeem look over privacy fence to see who was flying it ? So let’s see your rights violated , your privacy violated and yet go apologize? Apologies are admission of quilt. I am so tired of us bending over backwards for everyone else. You realize we are the only collective or group that does that in the entire planet ? Any other group will walk down the street for their rights of course they are in unison. We have a Tendency to attack each other. Lol. Whatever you do, I think it’s a losing battle with her. The biggest problem here is your dad has to deal with the situation. I personally like to show what’s on the screen to anyone interested. You could fly up somewhere away from her and let her see what it sees. Just my thoughts.
 
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