A key item we must bear in mind, is that while the US government has declared the FAA as the sole source for directives and enforcements of the navigable airspace, there remains an undefined (to my knowledge) area, from ground level to at least the top of a habitable structure including attachments, i.e., antennas, tall trees, etc., above a home (read building), on private property, that is not navigable. A person is free to extend structure, for defined purpose, upward (meeting applicable established codes). This space, with my understanding, has been challenged as to legalities of airspace definition and falls in the non-navigable airspace. In a sense, while the FAA is the sole entity for the control of navigable US airspace (key word is ‘navigable’, the FAA not extended enforcement to the areas of private property below the navigable airspace.
In a sense, to purposely transit the non-navigable airspace of a private property, could, potentially, be considered as trespassing. Thus, possibly subjecting one to penalties.
Now, if all this holds true, then to pilot one’s UAS across another’s private property below the defined navigable airspace, one could potentially be in violation.
Further reading:
Resources for notifying the FAA about proposed construction on or near airports that might affect airspace.
www.faa.gov