Few years ago when I got my first drone I asked exactly the same question because the only place I could fly my drone was in a residential area. So is it legal to fly a drone over someone else’s property?
Generally speaking, the FAA does not have any laws against hobby drone pilots flying over someone else’s home or private property, however, there are instances where it is against the law. For example, if the drone is being flown recklessly, or if there are county or state drone laws against this, then it would be illegal.
That being said your neighbors could very easily stop you from flying over their homes if they want to. Keep reading to find out how.
How Your Neighbors Can Stop You From Flying Your Drone Over Their Home
They could report you as being a nuisance.
Americans have the right to live in peace in the U.S, so if there’s a drone buzzing outside their window, they have every right to complain. And they sure will, especially if they’ve been annoyed with you in the past. Hobby drones can be as loud as 80 decibels, which sounds like a very loud lawnmower or vacuum cleaner going off by your ear.
If you are flying your drone in your neighborhood the best tip I can give you is to fly your drone as high as possible. I wrote an article here that shows how much quieter a drone is at a distance.
Report you for flying reckless.
Flying recklessly means more than just flying like a maniac and potentially causing damage to property and people. It also means that you might be harassing people or committing voyeurism. If you upset the neighbors enough they can claim that you’re doing any of these, so it’s a good idea to try and keep them as happy as possible.
Accuse you of violating state privacy law.
Flying over someone else’s property minding your own business doesn’t mean you’re all of a sudden violating their privacy. However, if you’re purposely taking pictures or videos of the property or any people that live in it, then that’s a whole different story. They can and will lay a complaint, and in all honesty, if you’re doing this then they should. Just make sure you don’t do this to avoid any trouble.
What To Do If Someone Is Flying A Drone Over My Property?
Well, honestly it depends on how respectful they are. If someone else is casually flying past your home with no wrong intentions, then let it be. If it happens more times than you would like, and the noise is starting to bother you, then approach them and explain the situation.
Let them know to please avoid your home, that the noise is bothering you etc. You could even form a Whatsapp group and ask him to let you know when he’s planning on flying a drone. At least then you could let him know if it’s not a good time. The point is people are generally considerate if you show that you’re trying to work with the drone pilot and you’re not just trying to stop him from flying, then he’ll be more than likely to listen and work with you.
However, if they completely ignore your plea and they continue being a nuisance, then its time to get the officials involved.
The FAA gives guidelines here on how you can report a drone. But generally, it involves calling your local police and laying a nuisance complaint. They’ll come over and more than likely give the drone pilot a warning first, which will hopefully get them to be considerate.
Can A Drone Pilot Be Sued For Flying A Drone Over Someone Else’s home?
Even though anything is possible in America, this is also highly unlikely. The airspace above the property is owned by the FAA and not the property owner. That being said it’s almost impossible for them to sue you unless you committed a serious crime.
However, if you get caught taking off or landing on someone else’s property then this is a different story. This is considered trespassing in the eyes of the law, so if the property owner wanted to sue you for trespassing they have every right to do so.
Another way that they can potentially sue you is if you violate their privacy. As I mentioned before, you don’t violate someones privacy by just flying your drone over their home, but if you’re recording videos and taking pictures of the home or any people living there, then that’s a violation of privacy.
How To Keep The Neighbors Happy
It’s important to realize that you’re the one that’s bringing someone into the neighborhood that could potentially annoy a lot of people. As soon as you’re humble enough to admit that, then you’ll be more likely to seek approval from your neighbors, which will, in the end, keep everyone happy, even yourself because you’ll be able to fly your drone for longer without anyone complaining. That being said, how can your neighbors happy?
Communication is everything!
Imagine how grateful the neighbors would be if you approached them and spoke to them about your new drone without even flying it first. No one does that these days, so you’ll instantly get them to lower their guard. When you do chat with them, ask them what time would suit them best.
Some people might be working the night shifts, or there could be moms in the neighborhoods with babies that take a nap during a specific time, and the same goes for elderly people. If you know what times not to fly your drone this would already eliminate most of the complaints.
You can also offer to create a Whatsapp group where you could alert your neighbors before every flight. And if there are any major objections during that time they have a channel of communication open to let you know. See how this can keep so many more people happy?
Make sure you don’t fly recklessly.
Ok so the drones sound you can’t do anything about, however, you definitely have control over how you fly the drone. Imagine seeing a drone zip by your front window while your kids are outside playing, would you complain? I’m sure you will. Drones can do some serious damage to people and animals as shown in this article.
So be extremely respectful when flying your drone. Don’t race, don’t fly around or over people and animals, and stay away from buildings or vehicles. If you fly respectfully you’ll keep the neighbors happy, which will give you the freedom to fly without any complaints and visits from the police.
Don’t give them a reason to complain by breaking FAA drone laws.
Some neighbors won’t want to work with you, and they’ll make it their mission to catch you out so that they can complain. That being said, stay away from their home, and don’t give them a reason to complain. If you follow all FAA drone laws then they won’t have any grounds to stand on.
Here’s a summary of the most important ones.
- Keep your drone lower than 400 feet above ground level.
- Don’t fly recklessly.
- Don’t do drugs or drink while flying your drone.
- Don’t fly close to or over people, animals, vehicles.
- Keep the drone in a line of sight at all times.
- Don’t fly your drone at night.
- Keep out of the way of emergency services.
Stick to these laws, and you’ll be safe from any complaints.
Final Thoughts
If you’re asking if you’re allowed to fly your drone over someone’s property then you’re probably trying to find a reason to show the property owner why you can. Try your best not to go at it with that mindset, whether it’s legal or not, your neighbor will still have the right to complain, and on top of that, it’s never worth having an angry neighbor. So big the bigger person, and just sit down with them so that you both can come to some kind of peaceful agreement. You’ll both be happier for it!
