A drone is flying over my property?!!

In Drone Law Blog, Flyover Contract Forms by Enrico SchaeferLeave a Comment

drone over property

With drones becoming more popular, eventually it may become a very common occurrence to see a drone flying over or near your property. For some that may not be an issue, however, others may not be all that pleased to have it near them, their family or property. So what can you do if a drone is an unwelcome sight over your property? Depending on the type of drone flight that is being conducted, you may have some available options available to you.

So what can I do?

The one thing you cannot do is shoot it down. The Federal Aviation Administration (FAA) considers a drone to be a civil aircraft and there are laws which make it a crime to destroy any aircraft. Other options you do have is to make contact with the drone operator to find out if they are flying the drone recreationally or commercially and then to notify the operator to cease the drone’s flight over your property. The FAA has very specific rules and regulations about the operation of drones especially for commercial use near third parties. However, please keep in mind that we only own a small area of airspace above our property and the drone operator may not be in violation of any laws. However, if the operator refuses to terminate the flight over your property, your next step would be to contact local authorities. Keep in mind that the FAA may also need to be notified especially if the drone is being operated in a way that poses a risk to you, your family or other third parties.

Do I have any recourse of action?

In some instances, the drone operator may be invading your privacy which would allow you to file legal actions against them especially if you are in a state or area that has created laws governing the use of drones. However, only a few states actually have laws which prohibit from flying a drone less than 250 feet above the ground.

For more information about drones and governing laws surround them, contact one of our drone lawyers.

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