Drones are an integral part of industries, especially construction and development. Nowadays, drones have become a popular product for many enthusiasts, and you can find one in almost every household. 

At GeoDrones, we specialize in helping out different companies by providing high-end aerial drone services around the Middle East. Due to our experience working with drones, we know all the rules and regulations, and we answer plenty of frequently asked questions about drones. 

We get questions like “can I fly a drone in my neighborhood?” and ‘What to do if you find a drone on your property?” and “What are the rules about flying drones in my neighborhood?” So we thought we should let you know all the regulations surrounding drones to understand whether you can fly a drone in your neighborhood. So without further delay, let’s check them out!

Can Anyone Fly A camera-toting Tech Devices Over Your Property?

Drones were once a thing of science fiction, and nowadays, they have a wide range of uses, from being a military tool to consumer use to even children’s toys. These toys, in particular, can be troublesome as they are loud and are sometimes equipped with cameras and telephoto lenses. 

Can Anyone Fly A camera-toting Tech Devices Over Your Property - flying drones in neighborhoods - Geo Drones

So what are the standard course of action when you see a drone flying over your property now that anyone can get one? Well, that’s what we will talk about in the following passages. So let’s check them out!

Laws, Rules & Regulations Regarding Drones

The old British common law was enforced by “ad coelum et ad inferos,” which translates to “to the heavens and hell.” That means the owner had rights to everything above his land and everything under it. 

However, it has become non-existent as standard electrical wires and pipes run under our homes, and aircraft fly above them. However, legislation has yet to catch up to new drone technology. 

The Federal Aviation Administration has passed regulations to minimize the risks to other aircraft and people, and property on the ground. Still, these are primarily exempt from hobby and recreational flying, which is what your neighbor may be doing. Many states have already started drafting legislation or have already passed it. 

Rules & Regulations Regarding Drones - penalty for flying drone over 400 feet - Geo Drones

In Florida, they have already passed the Criminal Code § 934.50, which forbids using drones for surveillance in violation of another person’s reasonable expectation of privacy. Arkansas gave the AR Code § 5-60-103, which bans using drones to invade privacy and gather information. 

The California Civil Code § 1708.8 forbids entering airspace to record another person “in a manner that is offensive to a reasonable person.” If you are in another state, simply searching the name of your condition and “drone law” should give you more information about your state’s drone laws. 

However, if your neighbor hasn’t introduced laws to stop your neighbor from flying drones over your property, then how are you going to stop them? Well, that’s what we will talk about in the following passages. So let’s check them out!

Contact The Neighbors

First of all, you should remember not to react like the man in New Jersey who took out a gun and shot his neighbor’s drone out of the sky. It will only escalate tensions between you and the neighbor and might get you into deeper trouble with the police for criminal mischief. Instead, your course of action should be how you would react to any other annoying behavior. 

Reach out to them through phone or email them or even knock on the door and then politely refrain from flying the drone over your property and suggest they fly it, perhaps, in a public park or hover it over their backyard. Now, your neighbor might not have realized you noticed the little machine or that it annoyed you. 

If your property doesn’t have a fence, then there’s also the possibility that they didn’t even realize they crossed the property line. Usually, your neighbor will stop annoying conduct when asked nicely.

Private Cause Of Action For Private Nuisance

Now, if your neighbor is ignoring your emails, calls, or reasonable requests to fly their drone elsewhere, then you may have a cause of action in court known as a private nuisance

You can categorize the noise of the drone, the whirring of the engine or blades disrupting the quiet use and enjoyment of your premises. So if you file a lawsuit, it often prompts a neighbor to cease annoying conduct.

Private Cause For Trespass

With drones, you can also make a legal case for trespass if the drone is flying over your property outside the bounds of your neighbor’s yard. However, you don’t own all of the air rights above your property, but you do own the immediate air rights surrounding the top of your home. 

Now, there’s no unified answer to “how high” homeowners own, and the regulations vary state by state. But photographs that you take of the flying drone to show a court how close the machine is getting to your yard or windows would surely help convince the court that the flight constitutes a trespass.

Private Cause Of Action For Invasion Of Privacy

The most frightening part of drones is the possibility of including cameras. The cameras can be powerful, allowing a snooping neighbor to hover over the property and see people and activities that the neighbor shouldn’t be seeing. This has been the biggest concern among the few states to pass drone legislation so far and most probably will be addressed by additional states’ new laws. 

Private Cause Of Action For Invasion Of Privacy - can i fly a drone in my neighborhood - Geo Drones

Now, if you believe that the drone that passes over you has a camera installed, then you have a cause of action against your neighbor for the common law tort of invasion of privacy. In addition, you can probably take out a restraining order and injunction, which is essentially a court order directing your neighbor not to fly the drone.

Limited Damages From Private Cause Of Action

Whenever you use a neighbor under any of the trespass or nuisance theories, the damages are probably nominal. It’s not like suing for breach of contract or property destruction, and it would be challenging to show a great deal of quantifiable financial harm. 

So like most neighborly disputes, you would be better off resolving this between the two of you, or with a mediator, than going to court. However, drones present several troubling legal issues that courts will increasingly be called upon to resolve.

GeoDrones For All Your Commercial Drone Needs

As you can see, there are several rules and regulations regarding commercial and recreational flights. In addition, most regions have an oversight committee that monitors and regulates small unmanned aircraft that can be flown only subject to specific operational rules and that the pilot must be registered. 

For example, pilots can’t fly recklessly or drop anything from the drone. There’s also a penalty for flying a drone over 400 feet off a property. But these don’t apply to “model” aircraft, and that’s because drones are capable of sustained flight and model aircraft are not. 

So it would be best if you found out what category your neighbor’s drone falls into. If you have a drone, remember that there is a penalty for flying a drone over 400 feet in your neighborhood. However, if you need them for commercial services, then that’s an entirely different thing, but for that, you will need a professional license. 

Now, if you need commercial drone services, then GeoDrones can help you out. Our specialized fleet and experienced pilots offer high-end commercial drone services are the best option out there for your development or drilling company. So contact us, and we will help you out. 

Also, if you have any questions regarding commercial drone services or our fleet, feel free to drop them in the comments below or hit us up on our socials, and we will answer them all for you. And with that being said, that’s about all we have for you today. We will come back with something new for you soon. Until then, see ya!

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