Drones Flying Over Private Property – Can You Stop Them?

81 thoughts on “Drones Flying Over Private Property – Can You Stop Them?”

1. The thing with Easments on private property is they are intendted for transit, not for extended loitering. So yes you can fly over or ‘through’ ‘private’ airspace but it is gerneally a good idea not to loiter for too long above that private property just ot be safe as a pilot. < just a good rule of thumb

   1. ​@@edwill62 This is so confusing, what part is he wrong about?

   2. @@edwill62 Thanks for your help. I guess I’ll get to googling. So nice talking to you, Sir.

   3. @@edwill62 It actually enforces and provides evidence that you can use to prove your actions with a drone. I think you are the confused one here.

   4. @@edwill62 Precisely why UAS aircraft are not flown or given the same justification by definition needed as would a standard aircraft even as a small as Cessna. The determination, at this point, of being fined or criminally charged locally is up to the actions of the operator, their intent, and whether the investigating authority can determine any malicious intent.

      For now, as it stands, flying a drone over someone else’s property is not illegal by federal code including the FAA but I’m sure that will change into a lengthy and descriptive statute. Whether it be over private or public property, harassment is subjective to the victim and/or criminal code of the local authority.

      Without any clear definitive code on the topic, flying a drone over private property in itself isn’t criminal nor enforceable unless restricted by FAA rules or sanctions such as a TFR. If the operator is flying in a manner disruptive or intrusive to the property owner, they would have to articulate such intrusion as the airspace above property is generally vetted as public domain unless otherwise explicitly expressed.

      For example, a pilot flying low over private property is not immediately considered harassing to the pilot just because the owner of the property deems it as such. The owner would need to articulate explicitly how such actions are intrusive. Most criminal code considers crime against persons or property written with intent as a necessary element of the crime.

      On the other hand, it’s usually just common courtesy just to ask the property owner for permission to fly over their property if it may be thought that your actions could disturb the owner.

      Air rights extend to the airspace above the surface that could reasonably be used in connection with the land. If you’re flying over someone’s house but not at eye level in their backyard, for example, it’s presumed that the airspace is public and no longer under the immediate control of the land owner.

   5. @@edwill62 May I also note that until the FAA makes determination on the airspace below 400 feet in uncontrolled airspace, the limitations of UAS flight over private property is up to the local authorities to regulate. There is no federal law prohibiting drone flight over private property but local laws may have further regulation on the matter, as given to them by the authority of the 10th Amendment.

2. This will become the go-to video on this thorny topic. Well done, Russ!
   I am most interested in reading viewers’ comments on whether airspace usage regs/laws should ultimately be decided at the state or federal level. There are reasonable arguments for both.
   Despite being a big fan of federalism and 10A/states’ rights, count me among the viewers who believe this falls among the few issues which over which the federal government should have the final say.
   I’m always game for civil discourse on topics like this and will be following this discussion closely.
   Thanks again, Russ, for a great video!

   1. Agreed

   2. I whole heartedly agree. Excellent video. As a sUAS Instructor I have had this conversation more times than I can count. Russ eloquently when though the issue and explained the nuances associated with this highly debated subject. Well done!

   3. Since the FAA completely regulates ALL registered aircraft in the U.S., there would be no safe way that multiple agencies to control the national airspace safely.

   4. Imagine the nightmare of having to read through the rules and regulations concerning legal drone flying for every municipality within 50 miles. And then keeping up to date on those.

   5. @Strange Daze hovering over someones land does not mean they are surveilling you or your property. Just because I stop to do a horizontal 360 video of the general area does not mean I am doing anything with your privacy. The other question is, how low is this drone? If it is high enough where I can not easily determine if the person is male or female, or for that matter see you at all, I would think makes a big difference. There is very little land in the USA that is not owned by someone, so with that said drones would not be able to fly anywhere if that was the case.

3. A while back my next door neighbor’s dogs, which were tethered together, we’re stolen. Without the behest of my neighbor I got up at 5:00 in the morning to fly my drone with this thought in mind. I fed my dogs early and then they went out to do their business. With this thought in mind I flew over the backyards at a high altitude with the gimbal straight down and on the second day I found the dogs. As I thought they weren’t too far away and this person that took the dogs thought that they were being mistreated by being tethered together. So I flew over many properties at a pretty good altitude at Dawns light.
   I replayed the video clip for my neighbor and he got the dogs back. Lucky for me nobody filed a lawsuit or anything like that. Flyboy K85

   1. This is a justification for flying over peoples homes. Doing it casually…like a peeking Tom is not acceptable behavior. Glad you found the dogs.

   2. Your motivation was heroism. Too many others is way less noble.

4. Hey Russ, very informative video! I’m a Part 107 card carrier and I’ve found when I’m at a job site to shoot (poor wood choice) aerial photography, I wear an orange and black highly reflective jacket that states I’m a Certified FAA UAS pilot. This jacket has saved me from many conflicts and actually has enticed the curious to ask me questions and create many great conversations. Just my two cents. Thanks for your diligent research.

   1. I do the same if it’s an area with a lot of people around. I also have a choice of vehicles to take, and if I think that the location has a high probability of getting hassled, I take my nice car. Otherwise I take my “beater!”

   2. Is this a homemade jacket? I’d like to see it. I don’t suppose you have any photos?

   3. I wear a bright green one that says – FAA Certified Drone Pilot in large letters on the reverse. Makes me look official.

   4. @@shawnmulligan4564 Thanks for the suggestion. I was pleasantly surprised at how easy it should be to have a custom vest made.

   5. Yes; there certainly is a difference when I wear a safety vest and not. Just a stupid safety vest, with a badge holder, somehow makes you “official” and people don’t question your presence.

5. Clyde: “I thought it was a hawk after my chickens!”

   1. @@stackerothings I named my drone “Chicken Hawk” after Foghorn Leghorn 😁

   2. Exactly….

   3. Hawks are illegal also.

6. I fly a drone for a news station as part of my job and we’ve had these issues come up with our legal team since often there are people who don’t want us flying where we’re flying, and I have to say you’re absolutely correct according to our lawyers. People can restrict your activity of taking off, landing, or flying your drone from the ground, but only the FAA can restrict what airspace you’re allowed to fly through. Some important notes/distinctions that have come up for our station: 1. Pilots are required by law to comply with instructions or request of law enforcement or emergency personnel, provided it does not interfere with safe operation of the aircraft – Meaning if a police officer tells you not to fly over a car crash, fire, etc. You have to safely land your drone and comply with their request, to this end they are also allowed to request to see your certifications, flight logs, or replay your video to make sure you weren’t engaging in illegal voyeurisms. Another important cavate to this is that if you’re flying over say a fire and a fire chief asks you to fly to a specific area to give them a better view of a situation you are required to do this so long as it doesn’t put your drone or any bystanders at risk. (your safety responsibilities as Pilot in Command supersede these request) so essentially you and your drone can be commandeered for public good. 2. Any space internal to the structure of a property is considered private, so you can’t fly into someone’s garage, under their awnings, or even below the confines of a closed in fence, which is pretty darn low and cheeky anyway. 3. Your responsibilities to fly your drone safely as PIC are federal and supersede ALL local ordinances or restrictions on where you are allowed to operate your drone from the ground. So for example if you’re flying a drone and the wind picks up forcing you to make an emergency landing in a nearby park that has restrictions on drone flying/operations, you can move into the park while controlling the drone in order to maintain visual line of sight and land it safely. Another example of this might be if you have to make an emergency landing in a restricted space and have to violate that space to retrieve the drone, you are allowed to do that, provided you don’t have to violate any physical barriers (fences etc.) to do so, as breaking and entering is still a crime.

   1. Good post!

   2. Hi Daniel, every time the police or fire departments go to a location, that current location will be marked by the FAA LAANC system as a “No Fly Zone” and will show up on all of the LAANC apps very quickly.

   3. Longest reply ever!…😭😭😭

   4. Oh shiiit, now im praying for police and fire departments to command me to pilot for them. I found a lost dog once which was amazing lol.

   5. @@CanyonRunVideos just not true

7. Howdy Russ, thank you for your excellent knowledge in the reporting of these rules and regulations. As always, you do your research, and as you stated, state when you’ve been wrong. Well done, and look forward to you future reporting on this very touchy subject! 🙏🙏

8. As a drone pilot myself I really appreciate you making this video.

   1. Drone pilot…… lmao🤣

   2. ​@@flipphonewizard5448 Could be military or commercial 🤷, though the term “operator” is more accurate

   3. Wheres your licence and road tax paperwork? You got a license to “drive”, right?

   4. @@UpcomingJedi Actually, that’s what a 107 certification is. You have to be 16 years old to be certified. It certifies you under federal law as a “remote pilot in command” of an aircraft. If you’re flying under a 107, then your drone is registered with the federal government (which you have to pay for just like a license plate) and is outfitted with a remote ID broadcast module, and must be marked with your registration number. It’s almost exactly like a car.

9. Probably the best explanation of private airspace to date.. Well done man.. I have my 107 and I found this very useful..

   1. It was abouit “navigible airspace”, not “private.

10. The problem is there’s people who automatically believe every drone is watching them regardless of the actual intent .

    1. In defense of ranchers and the like, any drone you find 2 miles from the nearest public road, probably is spying on you

    2. You aren’t important enough, nor your wife pretty enough, for anyone to spy on you. If a drone is 2 miles from the nearest public road, it is filming a sunset. The pilot has no interest in you.

    3. Well said Matt

    4. If it’s over my property and it’s camera can see over my privacy fence, it is, unless you spoke to me about it before flying it over my fence.

11. Thank you Russ for this intelligent discussion! When we know better we do better, thanks for bringing this information to everyone’s attention. I am working on my part 107 certification and I watch all your videos to increase my knowledge and understanding for flying a drone as a business. Many thanks and keep up the good work!

12. In my country Zambia, there have been thefts related to drone usage where thieves quickly survey an area to see what’s on the property then plan their move. I know this because we apprehended a suspect who turned to be part of a group of robbers and they possessed a DJI air drone and on it where places that they robber thanks to drone footage they got of them. While there is not law saying you can take down a drone flying over your private property, the local police say it is up to the property owner that if a drone hovers above your property for more that 15 secs, you have the right to take it down.

    Long story short, I bought a rifle. I see one, I take it down.

    1. Yes !!! That’s it, bro… that’s what we have to do. Read my comments, you’ll see that we agree on this thema.

    2. Bla Bla Bla….for 13 minutes! Type the question on the internet and you get an answer in 2 seconds: yes as long as you respect FAA regulations and there is no State Laws agains it.

13. I absolutely love your channel. As a part 107 pilot, I get a lot of great information from you. Thanks

14. The rules are simple: As a drone pilot, behave just like you would expect others to behave.

    My play set:

    – Respect private properties and think about noise abatement.
    -If you are on a job and you need to fly over or around a private property for a longer period of time, maybe consider informing the owners beforehand and kindly inform them about what you are doing and the legal situation. Involve them, do not fight them.
    – Try to understand how uninformed individuals feel about drone operations, especially over private grounds or crowded spaces. There is a huge difference between a drone flying over a property briefly or a drone hovering low level for 15 minutes at or over your premises.
    – Do not operate close to people and if so, behave like a pro. Doing crazy FPV practice in crowded parks is a no-go and an annoyance to others. If you want to practice, go somewhere less populated and avoid confrontations.
    – Inform people about drones, safety and rules,, do not fight them
    – Do not film individual people, assets or properties without permission
    -Act like an adult and always be friendly and professional. Do not act like a Drone-Caren…

    Aviation in general is and should be a thing for humble, professional and honest people, not a place for harzadeurs and reckless personalities. Do it professionally and resonsively. Tell others to act accordingly.

    1. Well stated.

    2. @@51Drones Just my thoughts, keep up your great work for the community!

    3. Well said…. RESPECT other people

    4. These rules apply to most things……. sadly common sense left the room decades ago.

       I just had this conversation with my son over his dirt bike. He insisted he wanted a loud aftermarket exhaust on it and I tried to argue to stay “out of sight, out of mind”. Keep it quiet and people wont even know your there and wont care. Advertise the fact that your there….. and trouble will follow.
       and of course, as a teenager, he had to learn the hard way…..

    5. Come fly over my house and see what happens.

15. I worked at FAA Flight Standards as an inspector for 31 years. Excellent video and are right on with the info.

    1. Needs to be pinned!

    2. @@playoflightphotographicsllc

    3. Thanks for info, I don’t think I can pin it.@@playoflightphotographicsllc

    4. I bought a few of these without seriously considering the 4th Amendment, which supersedes my right to drone recreation. The only place I’d fly these is in a desolate area with the land owners permission, or over public land. Even on public land, I’m sure they’ve made it illegal somehow. They’re almost all made in The PRC anyway, so I don’t really care if they’re banned for any use other than for emergencies or by the land owner over their own property. Less money for The PRC is a good thing.

    5. Did Congress make the law pertaining to drones? Did the FAA make the law themselves?

16. Very well explained!!
    I had a debate with someone about this. I ended it with “have you ever heard about owning beachfront property, and how people are allowed to walk along the beach ‘on your property’?”.
    He agreed, adding that it was considered a public easement.
    I said ya, thats why you cant prevent aircrafts from flying in ‘your airspace’, because its a public easement for aircrafts…

    He promised me I was wrong 🤣

    1. Washington State grants public easement at beaches only below mean tide line. In other words, at low tide near the water you can presumably walk along the beach but higher is not part of the easement. Hawaii, on the other hand, the State owns all beaches.

    2. @@thomasmaughan4798 what about on a river or lake? Not all beaches have tides.

    3. @@halkael2317 “what about on a river or lake?”
       I have not studied that aspect. I suspect given the jealous guarding of waterfront property that lakes and rivers are privately owned right down to the water edge.

    4. @@halkael2317legally surface water is in the Public Trust. So no one can technically own the water but can own the property around it and under it and in some states the land owner can sell the water. US laws are such a complete mess.

    5. What you fail to understand is trespassing laws. If your toy is invading my property prepare to lose it. That simple.

17. Apart from the law itself, there is just neighborly consideration, or even just being a thoughtful human, and compassion and understanding. Yes, I know, it’s probably too much to ask of many people. My only experience with this topic was shortly after Christmas a few years back I heard a buzzing like a swarm of bees over my back yard. I was honestly perplexed this being my first encounter with a drone. I looked up, saw the thing hovering about 30 feet up over my property, waved my arm like “Get the hell out of here.” and it left. So, I appreciated their good sense.

    1. That is why it is a good rule to always keep your drone 200 feet above private property. That is what I do.

    2. ​@farttart597I personally fly between 100 and 150 feet.

18. 24 years as a LEO. This guy is spot on. We cannot regulate airspace. Now… what we can do and have done is look to see if the activity being complained about violates one of the following laws: Harrassment, Stalking, or Peeping Tom statutes. These statutes cover most if not all of the complaints folks make on drones that actually have MERIT. A drone buzzing overhead at 40mph on its way somewhere isnt going to violate any of those laws. Constant hovering over certain areas like swimming pools or using it to look in windows, or hovering over people to harass them is already covered under these laws. The fact a drone is being used to violate the law is irrelevant as it doesnt matter HOW the law is being violated it only matters THAT it is being violated, and no additional laws on drone flying are needed in most communities and as most states already have these 3 laws on the books. Now we could also report illegal drone use to the FAA such as not using remote ID or other violations. Im a drone flier myself and keep up with the laws and I do my best to educate citizens who call in complaints without merit.

    1. @@hammerdown3876 well said. Your comment is underrated. After using a drone I realized most of my fears were baseless however the fear was real.

    2. I flew mine down to the river. Watching the boats and net skis and the view. Was at 300 feet up. My transmitter told them who I was, and an officer showed up. Tried to say I was hovering over private property. I showed him exactly where I was over the river. Told him to let me fly it back, and he could review the videos. He seemed a little arrogant, but he saw that I was not lying. He tried to say I can’t fly over anyone’s houses, which I politely argued with him about. After having enough, due to my job, I called a buddy of mine who is an FAA agent and had him explain the laws better than I could.

    3. @@bluetonight17 Thanks for sharing. Nothing more dangerous than being harassed while actively flying.

    4. ​@ericesposito3880 it’s one of the “benefits” of flying remoteid I’m aware of

    5. @ericesposito3880  it is like a license plate. it tranmits the FAA registration code, and some will also do hieght and what not but only thing required is the FAA ID. then just like a license plate, they type it into their computer, and there is all of your info.

19. As a fixed wing commercial pilot and recreational drone pilot, I appreciate your approach and presentation of the facts. Well done.

20. There might be a dispute on whether you own the airspace above you but you DEFINITELY own the privacy. The RIGHT to privacy. No loitering.

    1. The case law I’ve heard for the legal wording of privacy is not to negatively affect “a reasonable expectation of privacy” or “if the activity being complained about violates one of the following laws: Harassment, Stalking, or Peeping Tom statutes. And/or if the operation of the drone is flying Careless or Reckless.”

    2. “There might be a dispute on whether you own the airspace above you but you DEFINITELY own the privacy. T”

       No oner “owns” privacy , you seem have a tenuous grasp on the English language

    3. This really has nothing to do with drones, but in general you have no reasonable expectation of privacy in any open area or in public.

       That said, I’ll offer google earth as a major example of how you are simply wrong. Go on google earth and you will find the entire open area of your property available online for anyone in the world to see. If you had a right to privacy from the air, google earth would have been sued out of existence decades ago.

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