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Nervous Neighbor

MavicMark18

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I have a M2Z, live in Austin Tx. in a residential area (South). I have been taking my Mavic up to 390' to get pictures and video of the sunset at the end of the day a few times a week for a couple of months now. Sometimes while I'm waiting for the sun/clouds to get right I'll fly around up high and maintain VLOS and grap a few pics of the city buildings 5 miles away or my house below and no one has complained. Then yesterday when I brought it down I made the mistake of making a wide circle over my house above the trees which was over a neighbors yard. I should have known better as this morning on the Nextdoor app there was this: "Whoever keeps flying their drone over the neighborhood, please stop. It’s actually against the law to fly a drone where it violates other people’s privacy". The way I understand the law is that it is illegal if I was flying over a property to spy or for surveillance which I do not do. I'm thinking that if I just fly it straight up (over my property 300-390') grab my sunset shots and bring straight down and put it up that would be perfectly legal. I'll have to do my learning/play somewhere else unfortunately and I'm sure the neighbor just wants to never see or hear it again. Since I haven't gotten any other feedback from neighbors I might just go to the one that posted the complaint and tell them what I'm wanting to do. I'm sure someone has run into this before, if so how did you handle it? Just looking on the web I found this: I can’t fly my drone anywhere in Texas? - Randle Law Office | (281) 657-2000

Thanks,
Mark
 
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Think about explaining that you are registered with the FAA and are flying in accordance with FAA rules and within the parameters set forth in the Texas laws regarding UAS flights. Explain you are only photographing the sunset from above your property and even post one of your images.
 
Sorry to hear about your problem. I grew up in Buda and spent days in Onion Creek when it ran clear and deep year-round, when Manchaca and Dripping Springs were like 2 little stores in the woods, and we had family reunions at Camp Ben McCullough... times change. Last time I was there, about 4 years ago we drove the FM out of Austin to Buda and I was stunned as retail/ residential development had resulted in a crowded pretty urban appearance to the entirety of the same route.

With crowding people get more sensitive to “their space”. I’d suggest approaching your neighbor in a friendly fashion, show him your pics as well as offer to let him see what is really visible. Use the altitude you describe and let him see than he can’t hear your bird at 390’, maybe not even see it.

Failing that, follow the law. The article you reference is a little old. Here’s bit better reference;
And the whole site if you want:

If you follow these, and your neighbor is still upset, you’ll have to decide whether neighborhood peace is more important than enjoying your hobby legally.
 
... when I brought it down I made the mistake of making a wide circle over my house above the trees which was over a neighbors yard...
You admit to us that you made a mistake flying low over the neighbors yard. Admit it to the neighbor with an apology and promise that it will not happen again. You could show them a low-level shot of your house that may ease their privacy concerns and then offer them an aerial picture or video of their property.
 
I have a M2Z, live in Austin Tx. in a residential area (South). I have been taking my Mavic up to 390' to get pictures and video of the sunset at the end of the day a few times a week for a couple of months now. Sometimes while I'm waiting for the sun/clouds to get right I'll fly around up high and maintain VLOS and grap a few pics of the city buildings 5 miles away or my house below and no one has complained. Then yesterday when I brought it down I made the mistake of making a wide circle over my house above the trees which was over a neighbors yard. I should have known better as this morning on the Nextdoor app there was this: "Whoever keeps flying their drone over the neighborhood, please stop. It’s actually against the law to fly a drone where it violates other people’s privacy". The way I understand the law is that it is illegal if I was flying over a property to spy or for surveillance which I do not do. I'm thinking that if I just fly it straight up (over my property 300-390') grab my sunset shots and bring straight down and put it up that would be perfectly legal. I'll have to do my learning/play somewhere else unfortunately and I'm sure the neighbor just wants to never see or hear it again. Since I haven't gotten any other feedback from neighbors I might just go to the one that posted the complaint and tell them what I'm wanting to do. I'm sure someone has run into this before, if so how did you handle it? Just looking on the web I found this: I can’t fly my drone anywhere in Texas? - Randle Law Office | (281) 657-2000

Thanks,
Mark

That’s correct. You have to be actively taking video or photos of someone while they are in a place that they have a reasonable expectation of privacy (inside their home for example) to be in violation of the law. Just flying over someone’s property or even taking pictures of them on the street is not a violation of the law as much as the general public is misinformed about that.

Only the federal government owns airspace and so the airspace over private property is actually public (though possibly controlled) space.

Its up to you but the way I look at it you have the right to your own enjoyment and anyone telling you not to is infringing on your rights, not the other way around.
 
I have a new neighbor building a house across the street (country area with houses every 1/4 mile). To head off any problems, I approached him and showed him my MPP. I then promised that will not fly over his property (5 acres), and if I ever disturbed him, to please tell me.
Perception and good will is just as important as what the law allows me to do.
 
I have a new neighbor building a house across the street (country area with houses every 1/4 mile). To head off any problems, I approached him and showed him my MPP. I then promised that will not fly over his property (5 acres), and if I ever disturbed him, to please tell me.
Perception and good will is just as important as what the law allows me to do.
Good preemptive move. You might also offer to give him aerial photos or videos of his house under construction. It might turn him into an enthusiast.
 
FWIW "please" is a good word. Some people will always be upset about something or other. If I'm flying within the rules I'm much more likely to comply with a polite request than an arrogant self-entitled demand.
 
Good preemptive move. You might also offer to give him aerial photos or videos of his house under construction. It might turn him into an enthusiast.

I thought the same thing, but the construction was too well along to be meaningful. Would have been cool to get some time lapse.
 
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Think about explaining that you are registered with the FAA and are flying in accordance with FAA rules and within the parameters set forth in the Texas laws regarding UAS flights. Explain you are only photographing the sunset from above your property and even post one of your images.
Thanks for the advice GregD, I will mention that about being registered, good idea.
Mark
 
Sorry to hear about your problem. I grew up in Buda and spent days in Onion Creek when it ran clear and deep year-round, when Manchaca and Dripping Springs were like 2 little stores in the woods, and we had family reunions at Camp Ben McCullough... times change. Last time I was there, about 4 years ago we drove the FM out of Austin to Buda and I was stunned as retail/ residential development had resulted in a crowded pretty urban appearance to the entirety of the same route.

With crowding people get more sensitive to “their space”. I’d suggest approaching your neighbor in a friendly fashion, show him your pics as well as offer to let him see what is really visible. Use the altitude you describe and let him see than he can’t hear your bird at 390’, maybe not even see it.

Failing that, follow the law. The article you reference is a little old. Here’s bit better reference;
And the whole site if you want:

If you follow these, and your neighbor is still upset, you’ll have to decide whether neighborhood peace is more important than enjoying your hobby legally.
Thanks for the links and advice Thomas B. I will keep a copy of that handy. Yes, things have changed so much in this area. I've been here since 1980 and Manchaca or rather Menchaca (as they are petitioning the name change at this time) as well as Dripping and Buda are just not the same little towns they used to be. So many people have been moving into this area. Sad to see it but times change and now I have a birds eye view of that.
Mark
 
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You admit to us that you made a mistake flying low over the neighbors yard. Admit it to the neighbor with an apology and promise that it will not happen again. You could show them a low-level shot of your house that may ease their privacy concerns and then offer them an aerial picture or video of their property.
Mossiback, thanks for the advice, sounds like a good idea, I'll have to do that, after all who wouldn't want an aerial shot of their house?
 
That’s correct. You have to be actively taking video or photos of someone while they are in a place that they have a reasonable expectation of privacy (inside their home for example) to be in violation of the law. Just flying over someone’s property or even taking pictures of them on the street is not a violation of the law as much as the general public is misinformed about that.

Only the federal government owns airspace and so the airspace over private property is actually public (though possibly controlled) space.

Its up to you but the way I look at it you have the right to your own enjoyment and anyone telling you not to is infringing on your rights, not the other way around.
I agree Brett8883, some education wouldn't hurt.
 
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I have a new neighbor building a house across the street (country area with houses every 1/4 mile). To head off any problems, I approached him and showed him my MPP. I then promised that will not fly over his property (5 acres), and if I ever disturbed him, to please tell me.
Perception and good will is just as important as what the law allows me to do.
Good move RadioFlyerMan!
 
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MavicMark!!! I’m in Austin also, but waaaaaaaaay northwest in liberty hill area. I fly in my subdivision and I haven’t heard a word from anyone about it. Sorry your having problems in your neck of the woods.
 
I have a M2Z, live in Austin Tx. in a residential area (South). I have been taking my Mavic up to 390' to get pictures and video of the sunset at the end of the day a few times a week for a couple of months now. Sometimes while I'm waiting for the sun/clouds to get right I'll fly around up high and maintain VLOS and grap a few pics of the city buildings 5 miles away or my house below and no one has complained. Then yesterday when I brought it down I made the mistake of making a wide circle over my house above the trees which was over a neighbors yard. I should have known better as this morning on the Nextdoor app there was this: "Whoever keeps flying their drone over the neighborhood, please stop. It’s actually against the law to fly a drone where it violates other people’s privacy". The way I understand the law is that it is illegal if I was flying over a property to spy or for surveillance which I do not do. I'm thinking that if I just fly it straight up (over my property 300-390') grab my sunset shots and bring straight down and put it up that would be perfectly legal. I'll have to do my learning/play somewhere else unfortunately and I'm sure the neighbor just wants to never see or hear it again. Since I haven't gotten any other feedback from neighbors I might just go to the one that posted the complaint and tell them what I'm wanting to do. I'm sure someone has run into this before, if so how did you handle it? Just looking on the web I found this: I can’t fly my drone anywhere in Texas? - Randle Law Office | (281) 657-2000

Thanks,
Mark
i have a few nieghbors two everyone else is fine who call the police when they see my drone over my property,the police come out and ask for my name and say be careful,you will always have someone who doesn’t like drones don’t apologize and keep flying
 
The dreaded Neighborhood app. I unsubscribed and now it doesn't bother me any more. Easy fix.
A friend in another area told me about this Neighborhood app and had nothing but praise for it. We finally got it in our neighborhood, so I joined. Whoa! The amount of nonsense flowing through was overwhelming. I, too, am no longer a user.
 
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