{"id":907,"date":"2019-11-13T19:32:51","date_gmt":"2019-11-13T19:32:51","guid":{"rendered":"https:\/\/www.dronesvilla.com\/?p=907"},"modified":"2021-12-08T16:07:16","modified_gmt":"2021-12-08T16:07:16","slug":"can-drones-fly-over-homes","status":"publish","type":"post","link":"https:\/\/www.dronesvilla.com\/can-drones-fly-over-homes\/","title":{"rendered":"Are Drones Allowed to Fly Over Your House? What You Can Do To Stop Them?"},"content":{"rendered":"\n<div class=\"wp-block-image\"><figure class=\"aligncenter size-large\"><img decoding=\"async\" src=\"https:\/\/www.dronesvilla.com\/wp-content\/uploads\/2019\/11\/drones-over-homes.jpg\" alt=\"\"\/><\/figure><\/div>\n\n\n\n<p>What if you don\u2019t want drones flying over your private property? Many people wouldn&#8217;t want this. Are you able to restrict drone pilots from flying over your house or using the aerospace over your land?<\/p>\n\n\n\n<p>Are drones even <em>allowed<\/em> to fly over private property?<\/p>\n\n\n\n<p>Where do the rights of owners of private properties end as\nconcerns the air above them?<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>Are Drones Allowed to\nFly Over Private Property?<\/strong><\/h2>\n\n\n\n<p>There used to be a simple answer to this, back  when what lay in the sky above were clouds, birds, and the odd cannon ball during times of conflict.<\/p>\n\n\n\n<p>Back then, English Common law took a straightforward method to decide a land owner\u2019s rights to the air above his property. The landlord was the lordof the property \u201call the way to heaven and to hell below\u201d.<\/p>\n\n\n\n<p>This law was adopted by almost all countries with major English ancestry, such as Australia and the UK, and held sway until airplanes came into the picture.<\/p>\n\n\n\n<p>Today, with the rise of airplanes as one of the major forms\nof travel, the law has been modified to accommodate the flying public and\nprivate landowners.<\/p>\n\n\n\n<p>Today what is generally enforced is that:<\/p>\n\n\n\n<ul><li>The airspace that can be occupied or used by a landowner must be his, and <\/li><li>The landowner is due a \u201cbuffer zone\u201d to protect the owner from intrusions that would limit their full enjoyment of the property or hinder their ability to exploit it.<\/li><\/ul>\n\n\n\n<p>Different countries interpret these concessions differently to come up with their own laws dealing with the issue of drone trespass.<\/p>\n\n\n\n\n<div class=\"aawp\">\n\n            \n            \n<div class=\"aawp-product aawp-product--horizontal\"  data-aawp-product-asin=\"B07ZJZMFFH\" data-aawp-product-id=\"4470\" data-aawp-tracking-id=\"dronesvilla20-20\" data-aawp-product-title=\"DJI Mavic Mini CP.MA.00000120.01\" data-aawp-geotargeting=\"true\">\n\n    \n    <div class=\"aawp-product__thumb\">\n        <a class=\"aawp-product__image-link\" href=\"https:\/\/www.amazon.com\/dp\/B07ZJZMFFH?tag=dronesvilla20-20&amp;linkCode=ogi&amp;th=1&amp;psc=1\" title=\"DJI Mavic Mini Drone\" rel=\"nofollow noopener sponsored\" target=\"_blank\">\n            <img class=\"aawp-product__image\" src=\"https:\/\/m.media-amazon.com\/images\/I\/31iPTd2nOyL._SL160_.jpg\" alt=\"DJI Mavic Mini Drone\"  \/>\n        <\/a>\n\n            <\/div>\n\n    <div class=\"aawp-product__content\">\n        <a class=\"aawp-product__title\" href=\"https:\/\/www.amazon.com\/dp\/B07ZJZMFFH?tag=dronesvilla20-20&amp;linkCode=ogi&amp;th=1&amp;psc=1\" title=\"DJI Mavic Mini Drone\" rel=\"nofollow noopener sponsored\" target=\"_blank\">\n            DJI Mavic Mini Drone        <\/a>\n        <div class=\"aawp-product__description\">\n            <ul><li>12MP \/ 2. 7K Quad HD 3-Axis Gimbal Camera<\/li><li>Up to 30 Minutes of Flight Time<\/li><li>Stream HD Video from up to 2. 5 Miles<\/li><\/ul>        <\/div>\n    <\/div>\n\n    <div class=\"aawp-product__footer\">\n\n        <div class=\"aawp-product__pricing\">\n            \n                            <span class=\"aawp-product__price aawp-product__price--current\">&#36;301.39<\/span>\n            \n                    <\/div>\n\n                <a class=\"aawp-button aawp-button--buy aawp-button aawp-button--amazon rounded\" href=\"https:\/\/www.amazon.com\/dp\/B07ZJZMFFH?tag=dronesvilla20-20&#038;linkCode=ogi&#038;th=1&#038;psc=1\" title=\"Buy on Amazon\" target=\"_blank\" rel=\"nofollow noopener sponsored\">Buy on Amazon<\/a>\n            <\/div>\n\n<\/div>\n\n    \n<\/div>\n\n\n\n\n<h3 class=\"wp-block-heading\"><strong>Drone Laws for Flying\nover Private Property in the US<\/strong><\/h3>\n\n\n\n<p>According to federal law (The Air Commerce Act), the US\ngovernment has exclusive control over \u201cnavigable airspace\u201d.<\/p>\n\n\n\n<p>The Federal Aviation Administration (FAA), which controls navigable airspace, defines it as the air above the lowest altitude at which an aeroplane flight is sanctioned. Depending on the area, this ranges from 500 to 1000 feet, and is regarded as the air space through which the public has a right of transit.<\/p>\n\n\n\n<p>It also includes air space needed for landing and takeoff.<\/p>\n\n\n\n<p>State laws also influence how air space a landowner controls.<\/p>\n\n\n\n<p>For example, a landowner generally is within his rights if he removes branches from a neighbor\u2019s yard that overhangs across the boundary into his property. The overhand is considered trespassing.<\/p>\n\n\n\n<p>Likewise, an owner may consider a hunter to have trespassed if they let loose a shot that crossed into the private property.<\/p>\n\n\n\n<p>State laws even extend to restrictions enforcing building heights and prohibiting view obstruction. And some states have outlawed drones flying over private property outright.<\/p>\n\n\n\n<p>For a more in depth explanation of a state\u2019s drone laws, check out the <a aria-label=\" (opens in a new tab)\" href=\"http:\/\/www.ncsl.org\/\" target=\"_blank\" rel=\"noreferrer noopener\">National Association of State Legislatures\u2019 website<\/a> where they have a compendium, <a aria-label=\" (opens in a new tab)\" href=\"http:\/\/www.ncsl.org\/research\/transportation\/current-unmanned-aircraft-state-law-landscape.aspx\" target=\"_blank\" rel=\"noreferrer noopener\">Current Unmanned Aircraft State Law Landscape<\/a>.<\/p>\n\n\n\n<p>But the FAA retains the final word over navigable space, and all that use it. In fact, the FAA insists it holds fief over aircrafts and drones operating at any height\u2014including below navigable space.<\/p>\n\n\n\n<p>So is it trespassing when a drone flies over your private\nproperty?<\/p>\n\n\n\n<p>And so you can that there are no easy answers, as state and\nfederal laws can clash.<\/p>\n\n\n\n<p>While landowners have rights to some of the air above their\nproperty, the FAA lays claim to what lies below, and within, the navigable\nairspace.<\/p>\n\n\n\n<p>When you consider that state laws exist which make drone flight above private property an occasion of trespass, you can easily see problematic scenarios cropping up.<\/p>\n\n\n\n<p>For example, imagine the FAA issues a permit to a company to deliver goods  by UAV. Now suppose that these deliveries involve passive private property. If the state bans the trespass by UAVs over private property, what happens should a land owner complain about trespass?<\/p>\n\n\n\n<p>The only hopes for a simple answer arise when a landowner notices a drone pilot flying beneath the federally accepted level without FAA approval. <\/p>\n\n\n\n<p>The landowner would have an even stronger case for trespass\nif the state laws have clear limits on drone operations.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>Drone Laws for Flying\nover Private Property in the UK<\/strong><\/h3>\n\n\n\n<p>According to drone laws put in place by the Civil Aviation\nAuthority (CAA), drones must be flown at least 5o meters away from a person,\nvehicle, building, or structure not owned or controlled by the drone pilot.<\/p>\n\n\n\n<p>What does this mean for landowners in the UK?<\/p>\n\n\n\n<p>It means that any drone that is flying more than 50 meters\nabove your private property is ordinarily not breaking drone trespass laws.<\/p>\n\n\n\n<p>However, the case is different if you as a landowner have\nnot been briefed about drone flights over your property and you notice one\nflying within 50 meters of said property.<\/p>\n\n\n\n<p>Also, organizations need permission from landowners to\nrecord, collect, or hold personal data gotten while flying over private\nproperty in the UK.<\/p>\n\n\n\n<p>And individuals have the right to access their data, receive\na copy of their data, and request to have their data removed.<\/p>\n\n\n\n<p>Privacy laws in the UK also insist that individuals are\nentitled to not be photographed or filmed in any place they have a reasonable\nexpectation of privacy. This pertains to private land.<\/p>\n\n\n\n<p>But it can be difficult to tell where a drone camera is\npointing if the pilot happens to be flying it 60 meters over your property which\nthey have the right to do.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>Drone Laws for Flying Over Private Property in\nAustralia<\/strong><\/h3>\n\n\n\n<p>According to Australia\u2019s\nprivacy watchdog (The Privacy Commissioner) drones operated by individuals in\nAustralia do not have to obey privacy laws.<\/p>\n\n\n\n<p>In fact, Australia\u2019s Privacy\nAct of 1988 does not apply to individual drone pilots because they are not\ngovernment entities. The Privacy Act does not also apply to individuals or\norganizations that make less than three million Australian dollars per year.<\/p>\n\n\n\n<p>Thus, the usual restrictions\nmeant to protect the privacy of individuals do not apply to private\nindividuals, small businesses, or media.<\/p>\n\n\n\n<p>It is also worth noting that\nAustralia\u2019s Civil Aviation Safety Authority deals solely with enforcing safety\nrules. They are not concerned with regulating drones that fly over private\nproperty.<\/p>\n\n\n\n<p>That said, it is possible for\na drone flight over your house to constitute trespass.<\/p>\n\n\n\n<p>Unlike other types of civil\ndisputes or torts in Australia, a landowner can claim trespass without having to\ndemonstrate that they have suffered a loss or damage because of any action by\nthe drone or its operator.<\/p>\n\n\n\n<p>A case of trespass involves\nan interference with your rights to private enjoyment to land which you own.\nAnd to prove a drone trespassed, you would have to prove the following:<\/p>\n\n\n\n<h4 class=\"wp-block-heading\"><strong>Exclusive Possession<\/strong><\/h4>\n\n\n\n<p>You would\nhave to prove that you are living or staying on land that you are lawfully able\nto prevent other people from entering. Such exclusive possession extends to\nowners, renters, and boarders. But it excludes public spaces like the park next\nto your private house.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\"><strong>Land<\/strong><\/h4>\n\n\n\n<p>You would\nhave to prove that the space above and below the private property was\ntresspassed. Therefore, a drone that repeatedly flies over your private\nproperty can be accused of tresspassing unless it flies so high that it is not\nnoticeable.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\"><strong>Intentional or Negligent<\/strong><\/h4>\n\n\n\n<p>You would\nhave to prove that the interference was either deliberate or due to\ncarelessness (meaning the drone pilot was negligent). This would depend on how\nthe landowner observes and interprets the actions of the drone operator.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\"><strong>Interference<\/strong><\/h4>\n\n\n\n<p>You would have\nto prove that the interference was directly caused by the drone flying over the\nprivate property, and not by something else. You also have to prove that the\ninterference was unreasonable and that it continues to interrupt your normal\nenjoyment.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>What to Do If a Drone Is Flying Over Your House<\/strong><\/h2>\n\n\n\n<p>So what do you do if you\nrealize a pilot has violated your right to quiet enjoyment of your private\nproperty and trespassed your land?<\/p>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>Go Speak to the Pilot<\/strong><\/h3>\n\n\n\n<p>A lot of conflicts can be\navoided by way of a simple chat. Advisably, wait until the drone is landed\nsafely on the ground before going for a chat. It is illegal and dangerous to engage\n&nbsp;or distract pilot while their drone is\nstill hovering in the air.<\/p>\n\n\n\n<p>If the pilot is a commercial\noperator, you want to ask for government permits to make sure they are within\ntheir legal rights to use the airspace over your private land. Recreational\npilots too would most likely be operating within restrictions of the prevailing\ndrone laws and should be willing to talk things through to clarify any doubts.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>Contact the Police<\/strong><\/h3>\n\n\n\n<p>If you would rather not\napproach the pilot or you simply can\u2019t see who is operating the drone, you can\ncall the police. If the drone is being operated by a commercial pilot, it is\nlikely that they notified the police and other authorities of their flight\nplans. In this case, the authorities should be able to reassure you when they\nreceive your call. If that happens not to be the case then you can supply them\nwith any details they need with their investigation.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>What Not to Do If a Drone Is Flying Over Your House<\/strong><\/h2>\n\n\n\n<p>You can\u2019t shoot a drone down, even if someone did legally get away with doing so. This is dangerous and comes with a potential prison sentence. <\/p>\n\n\n\n<p>It is also not advisable to interfere with a pilot while their drone is still in the air. Wait for the aircraft to be landed before talking with the pilot. When the rotors have stopped and the pilot indicates that you can approach, you can initiate your chat and outline your worries.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>What if you don\u2019t want drones flying over your private property? Many people wouldn&#8217;t want &#8230; <a title=\"Are Drones Allowed to Fly Over Your House? What You Can Do To Stop Them?\" class=\"read-more\" href=\"https:\/\/www.dronesvilla.com\/can-drones-fly-over-homes\/\" aria-label=\"More on Are Drones Allowed to Fly Over Your House? What You Can Do To Stop Them?\">Read more<\/a><\/p>\n","protected":false},"author":3,"featured_media":953,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_uag_custom_page_level_css":"","footnotes":""},"categories":[14],"tags":[],"uagb_featured_image_src":{"full":["https:\/\/www.dronesvilla.com\/wp-content\/uploads\/2019\/11\/drones-over-homes.jpg",825,457,false],"thumbnail":["https:\/\/www.dronesvilla.com\/wp-content\/uploads\/2019\/11\/drones-over-homes-150x150.jpg",150,150,true],"medium":["https:\/\/www.dronesvilla.com\/wp-content\/uploads\/2019\/11\/drones-over-homes-300x166.jpg",300,166,true],"medium_large":["https:\/\/www.dronesvilla.com\/wp-content\/uploads\/2019\/11\/drones-over-homes-768x425.jpg",768,425,true],"large":["https:\/\/www.dronesvilla.com\/wp-content\/uploads\/2019\/11\/drones-over-homes.jpg",825,457,false],"img_rate_products_categories":["https:\/\/www.dronesvilla.com\/wp-content\/uploads\/2019\/11\/drones-over-homes-552x306.jpg",552,306,true],"img_rate_products_slideshow":["https:\/\/www.dronesvilla.com\/wp-content\/uploads\/2019\/11\/drones-over-homes.jpg",825,457,false],"img_rate_products_preview":["https:\/\/www.dronesvilla.com\/wp-content\/uploads\/2019\/11\/drones-over-homes-168x93.jpg",168,93,true],"1536x1536":["https:\/\/www.dronesvilla.com\/wp-content\/uploads\/2019\/11\/drones-over-homes.jpg",825,457,false],"2048x2048":["https:\/\/www.dronesvilla.com\/wp-content\/uploads\/2019\/11\/drones-over-homes.jpg",825,457,false]},"uagb_author_info":{"display_name":"Sam","author_link":"https:\/\/www.dronesvilla.com\/author\/sam\/"},"uagb_comment_info":0,"uagb_excerpt":"What if you don\u2019t want drones flying over your private property? Many people wouldn&#8217;t want ... 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