Anyone who flies a drone is a criminal and a creep and all drones should be banned from flying in the United States. The recent drone sightings in New Jersey and other states has really sparked an increased hatred and uncertainty about drones. Many people believe they shouldn’t be allowed to even fly in American skies.

Now I’m here to tell you two things:

First of all, drones are not going anywhere. In fact, there are more and more in our skies every month, and it’s only going to become more normal for you to see them in our skies.
Secondly, not everyone who flies a drone is a bad person. Believe it or not, most of them are hobbyists just trying to enjoy one of the best hobbies ever, and some of them are people just doing their job.

Either way, you may see some flying over your home or your property, and the fact is that is totally legal. A few years ago, I made a video about that, and I wanted to share it again today because with recent events, many people have questions about flying a drone over private property, and I hope I can answer just a few of them. Also, during the holiday season, there are just more people flying drones because people get them as a gift, so hopefully this video can help educate some of those new pilots as well as people who may be seeing a drone for the first time.

Who owns the airspace over your home?

Do you own the airspace directly above your property, and if you do, is a drone effectively trespassing if they are flying in that airspace? Let’s talk about it.

So first of all, a few disclaimers: everything that I’m about to discuss only applies in the United States. Secondly, I am not an attorney, but I have done my research. I’ll put a few references in the video description to help you do your own research. Thirdly, this video is informational, it’s not an opinion. I’m not here to argue what’s right or what’s wrong. You can discuss that in the comments if you please. I welcome it. I want to see it. I will have just a couple of brief opinions on few things here, but overall this video is meant to progress your knowledge and spark civil conversation in the comments. Believe it or not, you guys, we can still learn from each other.

And then finally, for all the thousands of you that are going to comment “if you fly a drone over my property, you can expect it to be blasted into pieces,” and yes, I know you value your privacy and you should. Bad people do bad things with drones and they should be dealt with appropriately, but federal law states that an unmanned aircraft, a drone, whether they are breaking the law or not, is an aircraft. If you disable an aircraft as a civilian, whether it be with a weapon, a rock, fishing line, your shoe, or anything at all, it’s a federal crime. It’s very clearly stated by the FAA.

Now I’m not arguing the right and wrong of it again. I am stating the law that exists for your knowledge and making you aware of the consequences. And if you feel threatened or harassed, do what you got to do, but just know that the law protects that aircraft. Oh, and if you tell me it’s legal in your state to disable a drone or to shoot at a drone, by all means post a link to that law so we can all read it and make fun of it.

Now, last week, actually a couple of weeks ago, I made kind of a viral TikTok video about private airspace, and in that video, I incorrectly stated that you do not own the airspace that is immediately above your private property. And yes, you heard that right – I said incorrectly. Once in a while, I don’t get it right. So you actually do own that airspace, but there’s a lot more to it than most people understand.

The Causby case of 1946

According to ancient common law, you do technically own everything above your land to infinity. However, most people reference the Causby case of 1946. I guarantee you there’s going to be a hundred of them referencing the Causby case in the comments of this video. I’ll post the Causby case in the description along with some summaries about it, but the short version of it is that a chicken farmer sued the government because they were flying planes over his property on a regular basis. He argued that the government was taking his property by doing so because his chickens were dying, he was enduring long-term stress, and he couldn’t operate his chicken farm. The court agreed and he won compensation because of the takings ruling, but they also stated that the common law of airspace ownership to the ends of the universe has no place in the modern world.

Yes, you own the airspace, but you also grant an easement of that airspace for public use. A citizen of the United States has a public right of transit through the navigable airspace. Now so many people get hung up on the number 83 – 83 ft. “That’s 83 ft in my state. I know, I heard my uncle’s cousin told me that it’s 83 ft in their state.” See, the deal is the planes that were flying over Causby’s property, they were flying at 83 ft above ground level. That’s where that number came from.

Listen very carefully: the court did not set airspace ownership at 83 ft. They in fact did not set any limit. The only thing the Causby case concluded was that the federal government was responsible for the taking of his airspace that resulted in the loss of his use or enjoyment of that property. According to common law, you still own up to the ends of the universe. There’s no limit. However, because you live in society in modern times with other humans, you are also required to grant easement to the use of that space.

Now if there’s something that is interfering long-term with the use or enjoyment of that space, then you have a case. The most basic example is where you are allowed to trim the branches of your neighbor’s tree if they are hanging into your airspace because it’s impeding your enjoyment or use of the space. But if an aircraft flies into your airspace once or even occasionally, that is legal transit by easement as defined by the courts.

Here is what I think the most important takeaway from this video: the courts determined that the common law of airspace ownership should not apply in today’s modern times because of the invention of technology like airplanes. Fast forward 80 years and now we have even more advancement with the development and growth of UAVs or drones. So the FAA has determined that because a UAV is an aircraft and they can navigate just about anywhere through any airspace, they qualify for that easement.

According to the FAA, a drone, as long as it is abiding by all FAA UAV rules, is allowed to fly in your private airspace because it is considered navigable airspace. You see, the definition of navigable airspace has changed with the invention of drones, and this is the rule. You may or may not agree with the rule – this is not my opinion, I’m not saying what’s wrong or what’s right. I am simply stating the current determinations of the Federal Aviation Administration for your knowledge.

Yes, there are different classes of airspace which the FAA governs, but this discussion is not related to that. Also, no matter how much you think you know what the legal minimal limit of drone flight is allowed over your property, you are most likely wrong. There is no set minimum altitude that a drone can fly over the ground – none. No state laws, no local laws, nothing.

Also, your city or your state has no authority to restrict or manage drone flight in its airspace. Don’t comment yet, hear me out. They can restrict launching location and landing location – basically, they can set whatever rules they want for the ground, for the land, but local governments have zero authority to set flight restrictions. And if you think I’m wrong, please don’t just comment “you’re wrong.” I would ask that you find your local laws online, copy the link, paste it in the comments so everyone can see what you are referring to.

Now listen, there are quite a few state laws related to drones already, but nearly all of them are based on the premise of surveillance or voyeurism. In these states and towns, people can only be charged with a crime under these rules if it is proven that the drone owner has the specific intent to spy on someone or, in some cases, on critical infrastructure. I’ve been unable to find any state or local laws that simply restrict the flight in the airspace within city limits, and I think maybe that’s because they know that as the federal rules are currently written, they can’t regulate flight.

So that’s how they are getting around the federal jurisdiction – they can charge someone if they suspect that person is spying with their drone but not if they are simply just flying around town. You see the difference there? Spying, they’re flying – they can charge you for this one, they can’t for this one.

Now if your little town has a drone flying restriction, you can always try to refer them to the FAA for clarification of the law, but just be careful as you know most small town law enforcement doesn’t really care if you are breaking the rules that they have set in place for their community. Then they will find something to charge you with.

Should the rules be changed? Should the airspace above your property be off limits to drones? So my question to you is: is this something that should be decided by our federal courts, federal government, or should the laws be made at the local level allowing different communities to set their own restrictions? Let me know your thoughts.

So in summary:

You do own the airspace above your property
You have the right to use that airspace as you please
That airspace is also an easement for all aircraft
Drones are aircraft as defined by the FAA
It doesn’t matter, Clyde, if you think a drone is a toy and not an aircraft – what matters is what the FAA thinks
According to them, someone can legally fly into your airspace with a drone
If that someone is doing it repeatedly and they are interfering with your use or enjoyment of the airspace, then yeah, you probably have a legal case against them
If you think they are watching you or someone that you love or that you know with a camera drone, there are rules against voyeurism and spying already in place in most states
These rules apply to drones the same as they do to a camera or a smartphone or binoculars or anything like that

Now some states have created drone-specific laws that refer to surveillance, but no state or city can restrict drones from flying in their airspace. Concerning FAA airspace classifications, that’s a completely different topic which maybe I will address in a future video. If you are really interested in learning about that, I do suggest getting your Part 107, and I’ll post a link in the video description that can help guarantee you pass your Part 107 exam.

So let’s discuss this in the comments, share your research for others, rebuttal as you please. I wholeheartedly welcome that. There’s still so much more to cover on this topic. Thank you to all of you for watching. Hey, I do suggest you watch this video right here next. I think you’re going to love it. Have a great day everyone and as always fly safe and fly smart.