So, there was a RC "drone" hovering above my house yesterday...I was kinda pissed.
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@Rob-Dunn said:
To me, there's a psychological aspect to this that separates a drone from an RC airplane...the fact that it hovers.
I think this derails the conversation. Would you be okay with a slow flying, camera wielding, battery powered, might crash into you, video recording RC plane flying around your property? That it is hovering or moving in a line really isn't important. What is is whether or not you have the right to keep people "off of your property". Having a drone up in the air on your own property is one thing. But on someone else's is quite different.
Plus, if it is on your property and you tell it to leave and it doesn't, it's trespassing, right? He's been informed that he has to leave. That he isn't listening isn't your problem.
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@thecreativeone91 said:
legally as long as you can still see it while you're flying the person flying is okay, 400ft altitude is the highest allowed. You don't own the airspace over your house just as if a airplan, helicopter or anything else flies over. Nothing you can do about it.
But airspace has a minimum, right? You can't be an inch over the ground. Otherwise a hovercraft would have the right to anywhere, anytime. They could run a red light and tell the cops "tough, I'm an aircraft."
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I thought that to qualify for "right of airspace" that you had to be high enough to qualify as "flying".
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Looks like I was right. The drone was likely trespassing. It was within the airspace that you clearly own above your property.
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@Rob-Dunn said:
Turns out, he flies them commercially and was honestly confused as to why I would have a problem with it flying over my house.
There is no reasonable possibility that he was confused about why you have a problem with this. If he has so much as heard of a drone he has to have heard about the massive about of legal and ethical controversy around them and how upset people are about them and how there are all kinds of laws and rules both existing and being considered. That he claims to do this commercially leaves exactly zero possibility that he really was surprised here.
He was bluffing hoping that you didn't call the cops.
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@scottalanmiller said:
it's trespassing, right? He's been informed that he has to leave.
That's not trespassing in anyway. It's completely legal to do so.
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@thecreativeone91 said:
@scottalanmiller said:
it's trespassing, right? He's been informed that he has to leave.
That's not trespassing in anyway.
It is according to an aviation lawyer: "If you were to take your Parrot drone over my house, I suppose at one level, it is a trespass," he said. "You were not invited there and could potentially have disrupted my quiet enjoyment of my home. I suppose I could sue."
What makes you feel that it is not trespassing? It meets all the qualifications of which I am aware.
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@thecreativeone91 said:
It's completely legal to do so.
According to whom? This isn't supported in anything I am finding. Since we've determined, according to the references at least, that you do indeed own the usable airspace around your house and that being in that airspace uninvited is trespassing and drones fall into that category.... where was an exception made for drones?
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@scottalanmiller said:
Looks like I was right. The drone was likely trespassing. It was within the airspace that you clearly own above your property.
No, you did not read the article fully if that's what you got out of it. 200ft would be out of the airspace you own. Also in the case of the article he was also trespassing for taking off from the land. This article was also written before the FAA re-wrote it's rules.
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@scottalanmiller said:
@thecreativeone91 said:
@scottalanmiller said:
it's trespassing, right? He's been informed that he has to leave.
That's not trespassing in anyway.
It is according to an aviation lawyer: "If you were to take your Parrot drone over my house, I suppose at one level, it is a trespass," he said. "You were not invited there and could potentially have disrupted my quiet enjoyment of my home. I suppose I could sue."
Sure you can sue for anything.
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@thecreativeone91 said:
@scottalanmiller said:
Looks like I was right. The drone was likely trespassing. It was within the airspace that you clearly own above your property.
No, you did not read the article fully if that's what you got out of it. 200ft would be out of the airspace you own. Also in the case of the article he was also trespassing for taking off from the land. This article was also written before the FAA re-wrote it's rules.
In the article it said that under 500ft was normally considered YOUR airspace, and the drone was well within that space.
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Here is another article listing both trespass and nuisance laws and being potentially applicable when within your airspace.
http://www.agweb.com/article/legal_ease_drones_and_the_law_NAA_John_Dillard-john-dillard/
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@scottalanmiller said:
@thecreativeone91 said:
@scottalanmiller said:
Looks like I was right. The drone was likely trespassing. It was within the airspace that you clearly own above your property.
No, you did not read the article fully if that's what you got out of it. 200ft would be out of the airspace you own. Also in the case of the article he was also trespassing for taking off from the land. This article was also written before the FAA re-wrote it's rules.
In the article it said that under 500ft was normally considered YOUR airspace, and the drone was well within that space.
Re-read it. It did not say that. It said it considered changing to that. It said it was somewhere between 80-500ft depending on the height of the buildings.
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@thecreativeone91 said:
@scottalanmiller said:
@thecreativeone91 said:
@scottalanmiller said:
Looks like I was right. The drone was likely trespassing. It was within the airspace that you clearly own above your property.
No, you did not read the article fully if that's what you got out of it. 200ft would be out of the airspace you own. Also in the case of the article he was also trespassing for taking off from the land. This article was also written before the FAA re-wrote it's rules.
In the article it said that under 500ft was normally considered YOUR airspace, and the drone was well within that space.
Re-read it. It did not say that. It said it considered changing to that. It said it was somewhere between 80-500ft depending on the height of the buildings.
Yes, but 500ft was the more commonly accepted.
Regardless, it is within the airspace that mostly is considered yours. Sure, any judge might hate you and rule something ridiculous, but the law seems pretty clear that the use of drones in ways that are generally a nuisance is likely trespassing.
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@scottalanmiller said:
Here is another article listing both trespass and nuisance laws and being potentially applicable when within your airspace.
http://www.agweb.com/article/legal_ease_drones_and_the_law_NAA_John_Dillard-john-dillard/
He also says that the law isn't clear about it being trespassing.
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@scottalanmiller said:
@thecreativeone91 said:
@scottalanmiller said:
@thecreativeone91 said:
@scottalanmiller said:
Looks like I was right. The drone was likely trespassing. It was within the airspace that you clearly own above your property.
No, you did not read the article fully if that's what you got out of it. 200ft would be out of the airspace you own. Also in the case of the article he was also trespassing for taking off from the land. This article was also written before the FAA re-wrote it's rules.
In the article it said that under 500ft was normally considered YOUR airspace, and the drone was well within that space.
Re-read it. It did not say that. It said it considered changing to that. It said it was somewhere between 80-500ft depending on the height of the buildings.
Yes, but 500ft was the more commonly accepted.
Regardless, it is within the airspace that mostly is considered yours. Sure, any judge might hate you and rule something ridiculous, but the law seems pretty clear that the use of drones in ways that are generally a nuisance is likely trespassing.
No, it wasn't. You are seeing things the way you want to not, what they ACTUALLY say.
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@thecreativeone91 said:
He also says that the law isn't clear about it being trespassing.
He did, it is not completely clear. But the consensus seems to be that it is much more likely to be trespassing that to not be. But you said it wasn't and that it was completely legal. What makes it not trespassing and completely legal when the law leans the other way, apparently?
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@thecreativeone91 said:
No, it wasn't. You are seeing things the way you want to not, what they ACTUALLY say.
I provided the quote.
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@scottalanmiller said:
@thecreativeone91 said:
No, it wasn't. You are seeing things the way you want to not, what they ACTUALLY say.
I provided the quote.
Cool Story.
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One of the lawyers: There are two common law legal protections that are available to prevent harassment from drones: trespass and nuisance. The law is not abundantly clear on where a landowner’s exclusive control of airspace ends and the public airspace begins. Modern interpretations of property law hold that property owners’ airspace rights extend to as much of the space above the ground that is occupied or used in connection with the land.
Nuisance claims can also be filed against drone operators if their activity leads to a "substantial and unreasonable interference" with the use of your property. Drones can be noisy, frighten livestock and annoy landowners, thereby creating a nuisance and reducing property value.
If it is interfering with your family, that would seem to apply. If you have to listen to it, watch it, worry about it crashing, etc. you are being nuisanced by it.
