ARTICLE: Who owns the air above your home?

[AH-1G]

FAA owns the airspace. Be happy we don't have to pay daily fees.

Charges vary if in oceanic or en route airspace and may be remitted using the Pay.gov FAA Overflight Fees form.
and
Overflight Fees

 

[Eric Blackburn]

I had a conversation with my neighbor (a realtor) and he was asking how he can protect his privacy from another neighbor flying his drone low and close to his house. My realtor neighbor is still researching local laws and such, but below is an excerpt from an article I found in just a quick search. Here's the link for the full article: Who owns the air above your home?. I found similar articles dating back to 2013, but there are probably older ones as well.

EXCERPT:

Surface land is divided into clearly defined parcels under the control of local government to protect property owners, whereas “navigable airspace” is under the control of the federal government to keep the airspace safe for manned aircraft and the public below. The area between these spaces is considered low altitude airspace – a grey area that does not clearly belong to either group. Loosely translated, the FAA is responsible for “navigable airspace,” which is defined by commercial and general aviation’s lower altitude limit of 500 feet above ground. Private property, on the other hand, has been loosely defined as owning at least as much space above the ground as they can use in connection with the land. The courts set precedent on this matter in the late 1940’s at approximately 85 feet above ground (see: UNITED STATES v. CAUSBY et ux.).​

Has anyone dealt with this issue???

I own a land surveying company in Florida and have been a surveyor for 20 years. I am also an airplane pilot and licensed drone operator. The answer is that property owners own from the mineral rights (typically) to outer space within the vertical extensions of the property lines. That’s not a joke. The FAA, however, has the right to conduct activity safely throughout the airspace above personal property. You could say it was an eminent domain issue when flight first became possible. For the betterment of society we couldn’t restrict air travel to only over public lands, therefore a method to conduct safe flight to protect the property owners was required. Hence the FAA was formed. The answer is simple. The property owner owns the airspace, but the FAA has a prescriptive easement to use it. Therefore we as pilots and drone pilots have the right granted by the FAA to use that airspace as long as we follow the FAA’s rules.

 

[Eric Blackburn]

I own a land surveying company in Florida and have been a surveyor for 20 years. I am also an airplane pilot and licensed drone operator. The answer is that property owners own from the mineral rights (typically) to outer space within the vertical extensions of the property lines. That’s not a joke. The FAA, however, has the right to conduct activity safely throughout the airspace above personal property. You could say it was an eminent domain issue when flight first became possible. For the betterment of society we couldn’t restrict air travel to only over public lands, therefore a method to conduct safe flight to protect the property owners was required. Hence the FAA was formed. The answer is simple. The property owner owns the airspace, but the FAA has a prescriptive easement to use it. Therefore we as pilots and drone pilots have the right granted by the FAA to use that airspace as long as we follow the FAA’s rules.

By the way... that is why it is imperative that we do not allow the privatization of air traffic control. We don’t want a private entity controlling the airspace over other private property. That would be writing a blank check to a private company to conduct any activity they see fit... imagine the possibilities of greed vs law.

 

[Rodger]

You have a serious problem there. And the reason is very clear, the limits of airspace have not been clearly defined. When flight limitations are placed in certain areas, they are defined by a base and a roof. Base: SFC and Roof: 1000 ft AGL (for example). It means that from the surface to 1000 ft you can't fly. In my country it is clearly defined, at the same time that an aircraft is separated from the ground, even if only 1 mm, it is under the regulations of the State Aviation Safety Agency (AESA). It is clear that no one will allow anyone to fly above your windows, but still the competence is from AESA.

Regarding what you say about your neighbor, in my opinion and without knowing much about the laws of your country, he should focus on privacy laws. He should have the right to privacy and honor protected.

I think "Ceiling" would be a better term than "Roof"

 

[Rodger]

I had a conversation with my neighbor (a realtor) and he was asking how he can protect his privacy from another neighbor flying his drone low and close to his house. My realtor neighbor is still researching local laws and such, but below is an excerpt from an article I found in just a quick search. Here's the link for the full article: Who owns the air above your home?. I found similar articles dating back to 2013, but there are probably older ones as well.

EXCERPT:

Surface land is divided into clearly defined parcels under the control of local government to protect property owners, whereas “navigable airspace” is under the control of the federal government to keep the airspace safe for manned aircraft and the public below. The area between these spaces is considered low altitude airspace – a grey area that does not clearly belong to either group. Loosely translated, the FAA is responsible for “navigable airspace,” which is defined by commercial and general aviation’s lower altitude limit of 500 feet above ground. Private property, on the other hand, has been loosely defined as owning at least as much space above the ground as they can use in connection with the land. The courts set precedent on this matter in the late 1940’s at approximately 85 feet above ground (see: UNITED STATES v. CAUSBY et ux.).​

Has anyone dealt with this issue???

Your neighbor has his right to privacy. What does. he mean for the term "close" ? Is the offender buzzing his windows and flying around in his yard? I would simply tell him to ask his neighbor to stop.If he doesn't, report it to the Police for a charge of trespassing. Nuff said.

 

[Norm Kokes]

Another irony is you are actually legally allowed onto most people's private property without issue or claim of invasion of privacy. Anyone who walks up to someone's front door and rings the doorbell has done just that.

I had an issue once where I walked up a owners driveway at an abandon property and took some pictures of an old barn. He zoomed over and held me captive and called the sheriff. The sheriff ordered him to let me go or he would be arrested. Further there was no sign and a driveway is under the rule of "incidental occupation" where one can be asked to leave but not be liable for trespass. If there is a no trespassing sign he can demand I leave but that is it. So in a way flying over could fall into a similar ruling however this is yet to be determined.

 

[CenlaUAS]

As a licensed drone pilot here in Louisiana I follow simple rules when flying for fun or business concerning other people’s property. Fly NO LOWER than the highest structure on someone’s property. Do not hover over someone’s property. And do not make repeated flights over someone’s property. In the few times someone has reported me flying over their property, law enforcement has stated that there was no law being broken. As a note, Louisiana follows FAA rules and regulations.

 

[ArrUnTuS]

As a licensed drone pilot here in Louisiana I follow simple rules when flying for fun or business concerning other people’s property. Fly NO LOWER than the highest structure on someone’s property. Do not hover over someone’s property. And do not make repeated flights over someone’s property. In the few times someone has reported me flying over their property, law enforcement has stated that there was no law being broken. As a note, Louisiana follows FAA rules and regulations.

Indeed, it is common sense. It's respect for others. It's easier to do things so you have to deal with problems even if you have the right to do so.

 

[MrLaw10]

I find that (like PatM) if I notify the neighbors and give them a time/date, I have never had an issue. Most of the time it becomes a fun activity since they see my effort in making them part of the process. I have actually landed more work using this method.

 

[John Gailliard]

I'll have to research Hawaii laws, but this definitely highlights the types of issues I'd want in my contract to make it clear to the Realtor that they are required to notify neighbors and confirm permissions otherwise my coverage could be limited.

 

[tracer]

Here is a link to a law firm's database of the rules on the books for the 50 states. US Drone Law

This link indicates no laws in the state of Kentucky, which is exactly what local law enforcement told me last fall.

I flew a nearby abandoned mansion recently. I made sure I was standing on the sidewalk the entire time so I wasn't trespassing. The local paper had even ran an article on the mansion recently, so I knew it was unoccupied. How is that any different from someone with a camera and telephoto lens on a helicopter? We don't have laws, but I try not to be a pest. All my neighbors know who owns the drone on the street and I encourage people to ask questions and see the footage as I fly. I also post pics and footage on my neighborhood FB page.

To me, all airspace in KY is managed by the FAA, and as long as I am not trespassing, and its not publicly declared a no-drone zone, I can fly it. But that doesn't mean I will! I want people to see the benefits of drones.

 

[AH-1G]

I own a land surveying company in Florida and have been a surveyor for 20 years. I am also an airplane pilot and licensed drone operator. The answer is that property owners own from the mineral rights (typically) to outer space within the vertical extensions of the property lines. That’s not a joke. The FAA, however, has the right to conduct activity safely throughout the airspace above personal property. You could say it was an eminent domain issue when flight first became possible. For the betterment of society we couldn’t restrict air travel to only over public lands, therefore a method to conduct safe flight to protect the property owners was required. Hence the FAA was formed. The answer is simple. The property owner owns the airspace, but the FAA has a prescriptive easement to use it. Therefore we as pilots and drone pilots have the right granted by the FAA to use that airspace as long as we follow the FAA’s rules.

You not confusing this with the Blue Sky Law?