Can Someone Fly a Drone Over My House?
Is it illegal for a drone to fly or hover over your home? Well, the answer is a little complicated because each situation can be different depending on local laws, the purpose of flight, the airspace, and privacy laws. In this article, I’ll try to answer this question by giving you an understanding of these laws and what actions you can take if you suspect illegal action.
Who Owns the Airspace?
Let’s start with the big question: who owns the airspace? Well, to regulate air traffic in the sky the Federal Aviation Administration(FAA) was created by the United States to ensure aircraft don’t crash into each other. Some of the ways they do this are by creating controlled airspace around special areas (such as airports), setting altitude limits for different aircraft, and requiring people are trained and have a license before flying aircraft. (Drones are an exception because they are difficult to regulate, so people flying for fun don’t need a license, though they are still subject to rules). This means you own the property on the ground, not the air.
Drones in Transit
At a basic level, drones are permitted by the FAA to fly over private property as a means of traversing distance. This is similar to how an airplane would fly over your home to get from one place to another. However, drones are different because they are allowed to hover over the property so long as it isn’t breaking your state trespassing laws or privacy laws.
Privacy Laws.
So, flying over someone’s home is generally legal. However! It’s illegal to use a drone’s camera to spy on you while you’re in a private part of your property such as inside your bedroom or in your backyard.
Trespassing Laws
What is trespassing? Trespassing means entering someone’s property without permission. Usually, trespassing only becomes a crime if the trespasser knows they don’t have permission to enter private property. So if someone walks into your backyard but you’ve told them not to by verbal warning or posted signs, this would be trespassing.
Some states have created new trespassing laws that, just like people, prevent unmanned aircraft from entering your property. For example, Utah prohibits unmanned aircraft from entering another person’s fenced property by land or air. (Utah Code § 76-6-206 (2022).) Make sure to check your local state laws to see if there is are any laws against trespassing by air.
Different Types of Airspace
To make sure drones don’t come into contact with airplanes or disturb protected areas, a drone isn’t allowed to fly in controlled airspace (such as airports, national parks, etc). You can check whether a drone is in controlled or uncontrolled airspace by using the B4UFLY map. https://www.faa.gov/uas/getting_started/b4ufly
Where Can Drones Take Off?
While you can prohibit someone from taking off on private property you own, a drone can still take off from public property and fly over the private property.
This isn’t true for every scenario, such as a drone not being allowed to fly over a prison (as this is trespassing), a drone would be able to fly over a neighborhood, even if the neighborhood restricts drone takeoffs and landings. (AKA “No Drone Zones”)
What Happens if Someone’s Drone Crashes in Your Yard?
If a drone accidentally crashes in your yard, you are legally obligated to return it to its owner. However if the drone’s crash caused collateral damage, then the drone operator may be liable for the damages.
Reckless behavior and Harassment with a Drone.
If a drone is flying dangerously close to you, then this is reckless behavior and violates federal regulations. If a drone is being used to annoy or intimidate you, then this violates harassment laws.
Law Enforcement Using Drones.
When the police have a search warrant, they can use a drone as a surveillance tool to search your property for evidence. However, they won’t need a search warrant in emergencies, such as searching for missing persons or pursuing criminal suspects.
What to Do if a Drone is Over Your Property
While it might be tempting to grab a shotgun and start blasting the drone out of the sky, this is illegal and dangerous because it can cause property damage, injuries, or fires. Instead, a more peaceful approach is to record the drone while it’s harassing or spying on you and then contacting the police with the evidence.
It’s also important to note that the drone operator is usually nearby, as they could be conducting roof inspections, real estate photography, or drone surveying. You can simply ask the person to stop flying over your property and they’ll most likely comply.
Conclusion
If a drone is trespassing, harassing, or spying on you, record the drone and call law enforcement. However, if the drone is simply passing through the airspace and there are no state laws against this, or they aren’t spying on you, then this action is legal.