How low can you fly over someone's property?
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jobem
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United States
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I have no intent of hovering even close to "low" over someone's house. But I would like to know the law here, if there is one. From this forum I understand that people don't own the airspace above their property. But where does that airspace begin? At 50 feet? At the top of the tallest blade of grass?
If there is no restriction - what is a reasonable minimum height that people here would generally think is OK.

Thanks!
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Geebax
Captain
Australia
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There is no hard and fast answer to this. Common sense and the opinion of most flyers on here say to fly over at a height of between 100 and 200 feet and do not hover over anyone's property. The idea is not to give anyone any reason to think you are up to no good. Legally you are OK with it, but some people have had angry property owners follow the drone back to home and then get aggressive with the pilot. So use a flight plan that avoids flying over other properties and do it sensibly.
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raveneapoe
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United States
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From Wikipedia:  "In the United States, the Federal Aviation Administration (FAA) has the sole authority to control all public airspace, exclusively determining the rules and requirements for its use. Public air space is classified as the 'navigable' airspace 500 feet AGL (Above Ground Level)."

I have read elsewhere that it is 80 feet.  You might try looking it up too, if you find something different please post it here.
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nrgwise
Second Officer

United States
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I never fly over people's houses, but if I did/had to, I would be sure I was at the maximum allowable/safest height to be at - definitely over 250 feet at least if not higher.  Why take the chance of making someone angry or suspicious?  

If you have no intent, why ask the question?  Stay well above and out of the way of people and houses and there should never be a problem if you are flying safely. Just my opinion.
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raveneapoe
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Yes. The FFA also strongly recommends a maximum altitude AGL of 400ft.
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jobem
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United States
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Thanks everyone. Yeah, I have researched this a bit before asking in here but was not able to find an answer. I'll continue to poke around.

@nrgwise - I just knew someone would say something like that. Because I ask the question I must be planning on landing on every roof in my town and buzzing the old lady next door whenever she goes to the mailbox. One of the top peices of advice that I find in forum posts and tutorials for new flyers is "know your local drone laws". That is what I am attempting to do.
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labroides
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jobem Posted at 2016-1-12 13:34
Thanks everyone. Yeah, I have researched this a bit before asking in here but was not able to find a ...

If you find any advice that it is 82 feet, that coming from the much quoted US vs Causby ruling (Google for details).
There is no magic number though.
82 feet just happens to be where the approach path to the airport adjoining Causby's land was at its lowest point over his fence.
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AG0N-Gary
First Officer
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United States
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Calif recently tried to shove a law down their throats that required a minimum of 300 feet (IIRC) altitude.  This was a privacy propelled issue.  If it had stuck, all flights would need to be between 300 and 400 feet, a rather narrow corridor.  Luckily, Governor Moonbeam shot it down.  (I was surprised.)
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arives
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Flyin'Bryan Posted at 2016-1-12 11:38
I would check with your state law.. in Oregon, a homeowner can sue you for trespassing, if they have ...

That Oregon law, if indeed it exists, flies in the face of FAA regulations that state you must fly below 400 feet. Federal regulations take precedence in these cases, as States have no rights to regulate air space. The suit you suggest would be dismissed quickly and more than likely never be heard.
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DrACE
lvl.3

United States
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Sooo if I am reading this right.  You have to fly over 400 ft so you don't get sued by a homeowner, yet flying over 400 ft can get you in trouble by the FAA for flying too high.  
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Geebax
Captain
Australia
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Flyin'Bryan Posted at 2016-1-12 15:07
 Volokh Conspiracy  State legislation governing private drone use  Resize Text     Print Article   ...

Oregon might pass that law, but if I recall correctly, it is not unknown for laws to be challenged in a federal court and the law declared illegal.
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gdl39
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United States
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http://www.wsj.com/articles/drones-boom-raises-new-question-who-owns-your-airspace-1431535417
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koine777
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United States
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If someone were flying at, say, 410 ft to avoid appearances of impropriety, avoiding a neighbor's property, being able to show a camera angle and all other flight data in addition, I would find it hard to believe any law enforcement agency, including the FAA, would look to make an example of anyone, unless they were doing anything else in an area they shouldn't be in to make much of a difference. Come on, man... Rules exist for a reason, but not everyone who goes 5-9 mph over the speed limit gets pulled over. Avoiding appearances of impropriety is subjective, yes. However, it's reasonable to assume people who live in a certain community have a certain idea of what is acceptable and what isn't, again, subjective, yes. Not scientific, don't do stupid shit...
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koine777
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If someone were flying at, say, 410 ft to avoid appearances of impropriety, avoiding a neighbor's property, being able to show a camera angle and all other flight data in addition, I would find it hard to believe any law enforcement agency, including the FAA, would look to make an example of anyone, unless they were doing anything else in an area they shouldn't be in to make much of a difference. Come on, man... Rules exist for a reason, but not everyone who goes 5-9 mph over the speed limit gets pulled over. Avoiding appearances of impropriety is subjective, yes. However, it's reasonable to assume people who live in a certain community have a certain idea of what is acceptable and what isn't, again, subjective, yes. Not scientific, don't do stupid shit...
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Kneepuck
Second Officer
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United States
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I suggest,  if the yard in question is a neighbor,  just ask them first.  It's always best to try to have good relations with the neighbors.  Never know when you may have to borrow a cup of sugar.....or something...
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jobem
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United States
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Thanks again everyone.

FYI - i pretty much live in the middle of nowhere out in the country. My question is purely to understand the law.
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