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this post was submitted on 22 Jul 2023
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We actually do own the airspace over our houses. Not as high as planes or space, but a drone probably would from my skimming of this article.
https://www.google.com/amp/s/aviation.uslegal.com/ownership-of-airspace-over-property/%3famp
And there are still conditions under which drones can legally fly over your property without it being trespassing, similarly to airplanes:
I'm not a lawyer, but I do fly drones for fun and money. I can fly a drone over peoples' property no problem most of the time entirely legally. It's shitty in this particular case and fuck insurance companies but I don't think people claiming criminal trespassing is based in reality. You do not control the airspace above your property. I still hope they consult a lawyer and challenge this particular action against them.
I'm not a lawyer, nor do I have the full context of the legislation you're quoting, but my interpretation of that paragraph is that it only applies to aircrafts that are carrying passengers.
You're the one who does this for a hobby, though. I'm sure that you know the laws more than I do :)
Yeah maybe and perhaps one day there will be a case and a lawyer who will argue that same point.
Personally, until there are specific laws against flying over private property with specifics regarding altitudes I feel comfortable about flying drones above private property both professionally and recreationally. There have been some attempts by private entities and local governments to restrict public airspace for drones and so far I know really of NYC successfully being able to do so. Public airspace is public airspace and the FAA has been treating drones as aircrafts that need to follow their rules like all the other aircrafts using the airspace.