Drones: what height is reasonable above a property?

[Rob L]

I see this case in the US where a neighbour shot down a drone: http://www.theregister.co.uk/2016/01...wns_the_skies/

It looks like a test case, and the outcome might affect new drone owners.

In the UK, we have case law about "who owns the skies" or more accurately: at what height do users of the sky breach "reasonable" expectation of privacy above a property.

As for the height above ground at which an aircraft would be trespassing, the
answer is: at or below such height as is necessary for the ordinary use and
enjoyment of the land and structures upon it (Mr Justice Griffiths so decided in
Bernstein v Skyviews 1978). An aircraft flown below a "reasonable height" loses
the statutory immunity from actions for trespass and nuisance. Mixing theory
with practice, a flight which busts the 500 foot rule might well give rise to a
nuisance claim from, for example, the owner of a startled animal.

A landowner owns the airspace above his land and may bring an action for trespass
against an intruder or where another places an object which projects into their
airspace. However this right is not unlimited.

Source: http://e-lawresources.co.uk/Land/Rig...ow-surface.php

What is the case in America? is there a "privacy" law, that expects others to keep drones reasonably away from your neighbours? Or is this case the first of its kind?

Rob

[Sombeech]

It might turn out to be 200' above the property but it's not set yet. It's a hot topic for sure. For people that think they own the property directly above their land all the way up into the stratosphere, they don't consider the airplanes that are "trespassing" on their property on a daily basis.

I agree that even at 400' up, if a drone is hovering above my property and looking down with a good camera and just staring into my property at my family, that can get dangerous (for the drone pilot).

But on the other hand, while the homeowner sees a drone in their peripheral view and think that drone MUST be spying on them because they are such an interesting person, it causes a lot of unnecessary panic, especially when that drone doesn't even have a camera.

And in either situation whether the drone is trespassing or not, shooting a firearm within city limits is a can of worms. Simple solution is to get your cell phone, film the drone, follow it to where it lands and record your conversation with the pilot.

I'll hear their complaints all day long about a spying intrusive drone, but if you didn't think to get your own secret agent spy camera cell phone and film it for proof, I lose interest fast. Film the damned thing if it's invading your privacy.

Anyways, it will be interesting to see what the official ruling will be.