Can you legally fly a drone over private property if you aren’t recording or taking photos?
If it’s uncontrolled airspace, you should be okay. Just don’t be rude about it and you’ll likely avoid problems. If you hover over someone’s house for too long, that might upset them.
It’s a good idea to respect people’s privacy. Maybe even talk to them beforehand?
@Sky
Exactly this. You’re within your rights, but being polite goes a long way.
Drone laws are still evolving, and being respectful helps keep the hobby safe for everyone.
From the FAA’s perspective, as long as you follow airspace rules (like avoiding restricted areas), you’re fine. The FAA manages all airspace above the ground, not the property owner.
That said, check your local laws. Some areas have privacy rules, and you don’t want to violate them. Briefly flying over someone’s property with your camera aimed at the horizon probably won’t cause issues. But if you’re hovering over someone’s backyard, you might.
If this is something you’ll do often, it might help to explain it to your neighbours. Show them what your drone can actually see—many people overestimate its capabilities because of movies.
We need to know your location for a clearer answer. In the US, flying over private property is generally allowed, even if you’re taking pictures, since property rights don’t extend into the sky.
Some states have privacy laws that complicate taking photos or videos, but just flying over shouldn’t be an issue—just like airplanes aren’t stopped from flying overhead.
It’s fine to fly over private property and even take pictures, as long as you’re not invading someone’s space. Flying right into someone’s yard or near their windows would be crossing a line. Just follow the rules for no-fly zones, and you’ll be fine.
Look up—planes fly over your house all the time. Drones are no different. Filming is usually fine too, as long as you’re not being creepy.
Consider taking the FAA’s TRUST course. It’s quick and clears up a lot of these questions.
@Luca
I’ve already taken the TRUST course, and I’m not filming. My camera is just angled at 45 degrees.
Koa said:
@Luca
I’ve already taken the TRUST course, and I’m not filming. My camera is just angled at 45 degrees.
Why does the angle of your camera matter so much? Freestyle drones spin their cameras in every direction when flipping, and that doesn’t change their legality.
Think about weather balloons with cameras—they record everything on their way up, and that’s legal too.
I fly my drone about a mile away, just cruising around but never into people’s yards.
Austin said:
I fly my drone about a mile away, just cruising around but never into people’s yards.
You can see your drone at a mile away? You must have great eyesight or a special waiver for flying beyond visual line of sight.
@Huxley
Not at a mile, but at the maximum height of 1640 feet I can still spot it.
If it’s uncontrolled airspace and you’re not invading privacy by filming, you should be fine. At 50 feet or higher, most people won’t even notice your drone passing by.
Yes, it’s allowed, but it’s respectful to inform the property owner. If you don’t, someone might get upset and damage your drone. Also, check your state laws just to be sure.
You might find the US v. Causby case interesting: https://supreme.justia.com/cases/federal/us/328/256/.
Short version: stay at least 200 feet above the ground. Below that, you risk trespassing. Flying lower than nearby man-made structures is almost always trespassing.
@Kit
Causby didn’t set a legal minimum height. The case involved planes flying at 83 feet and causing distress. Property owners technically own the space above their land, but the government allows public use of certain airspace.
Flying over private property is legal unless it disturbs the owners or their use of the property.
@Micah
The principle of owning all the air above your land mainly prevents overhanging structures, like a bridge across your property.
Causby established an easement between FAA airspace and 83 feet. We just don’t know what happens in between.
I suggest flying above 200 feet to avoid issues. Drones that high are usually unnoticed and cause no disturbance.
Airspace belongs to everyone, but you should still be mindful of privacy concerns when flying.