I have a 10 foot privacy fence around my property. There are no trespassing signs on all four sides. One of the neighbors keeps flying a drone over my yard like they are casing the place.
Do I have any legal rights concerning such invasions?
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Sign up to join this communityI have a 10 foot privacy fence around my property. There are no trespassing signs on all four sides. One of the neighbors keeps flying a drone over my yard like they are casing the place.
Do I have any legal rights concerning such invasions?
Boggs v. Merideth was a pretty big case involving private drones and the privacy of neighbors. Happened in Kentucky, though. I would suggest taking a look at that.
The FAA regulations for non-commercial unmanned aircraft systems (UAS, commonly called drones) make no mention of privacy, flying near houses, or flying over other people's property. Some states have adopted regulations on UAS. A quick glance at a couple of them seem to reveal they are not regulating the operation itself, but other ancillary issues such as taking pictures without someone's consent.
INAL, but it would seem that if someone was operating a UAS legally under FAA rules, it would be hard to argue that the state had the legal authority to regulate airspace use when the FAA owns the airspace in question.
A website showing state-by-state laws is located here.
ANSWER: Torts of TRESPASS and NUISANCE
Plaintiff may ask court to enjoin defendant from flying drone over plaintiff's property and may seek money damages.
"One of the neighbors keeps flying a drone over my yard" Complaint
"It has long been settled that a trespass to real property takes place not only on the surface, but also with any intrusion above or below the surface of the land." Smith v. Smith, 110 Mass. 302 (1872)
a “nuisance [is] … ‘a nontrespassory invasion of another’s interest in the private use and enjoyment of land.’ Restatement (Second) of Torts §821D.”
There are other definitions of nuisance. This definition may not apply in where you live. This the general principle. You should be able to complain to the police.