Not long ago, drones were a work of science fiction, then a sleek military weapon, and more recently a popular consumer product and even a children’s toy.
These toys can be troubling, however, as they can be loud, they are equipped with cameras and sometimes telephoto lenses.
What should you do if you see that your neighbor is flying a drone over your property and does the law prohibit such activity?
In the old system of British common law, courts enforced the notion that a property owner had rights to everything above his land and everything under it.
This concept has mostly disappeared from American courts, now that common electrical wires and pipes run under our homes, and aircraft fly above them.
Legislation has not entirely caught up with new drone technology, however.
The Federal Aviation Administration has passed regulations with the express intent of minimizing risks to other aircraft and people and property on the ground.
These rules largely exempt hobby and recreational flying, which may be what your neighbor is doing.
New state or federal laws will soon become part of the mix. Many states are studying the matter in readiness to pass legislation, and some have already passed it.
In Florida, for example, Criminal Code Section 934.50 forbids using drones for surveillance in violation of another person’s reasonable expectation of privacy.
In Arkansas, AR Code Section 5-60-103 forbids using drones to invade privacy and commit video voyeurism.
In California, Civil Code Section 1708.8 forbids the using drones to record another person without consent.
And Nevada law (NRS 193.130) prohibits weapons on drones.
An online search for the name of your state and “drone law” should turn up more information. If your state hasn’t yet created a way to take action against a neighbor, what’s the best way to force your neighbor to stop inappropriate use of the drone?
In Part 2 we will try to answer that question.
