Is It Illegal to Fly a Drone Over Private Property | JC Drones

Flying drones is fun, but not everyone wants you flying drones around their property. Is it illegal to fly a drone over private property? We’ll take a look at the law and the case law, and we’ll look at the privacy issues involved.

Flying a drone over private property is a questionable action. If the property owner is not too happy about you flying a drone at their property, you could face legal action against them. In this blog, we find out whether you can fly a drone over private property.

Is it Illegal to Fly a Drone Over Private Property?

In the last several years, it has become more and more popular to use drones to shoot aerial photos and videos. As an aspiring drone photographer, you may be curious as to whether or not it’s legal to fly your drone over private property in the state where you live—and if so, under what circumstances it’s legal. Fortunately, we’ve got answers for you! Let’s explore the legality of flying drones over private property together…

An Introduction to Flying Drones

When you think of drones, what usually comes to mind is something used for recreational or work purposes. Not many people consider flying drones over private property and even fewer consider doing so illegal.

However, when you fly your drone over private property—you’re essentially spying on them. At least that’s how they might see it. Privacy laws protect citizens from such invasions of privacy and while they vary by state—it is illegal to fly your drone over their land without permission.

Is Flying A Drone Over Someone’s Home Legal?

Like other technologies, drones have evolved into many different sizes and capabilities. Some of these unmanned aircraft can be flown by individuals without any formal training or licensing.

However, just because you’re not a licensed pilot doesn’t mean your drone is exempt from regulations; in fact, flying an unlicensed drone can result in fines and even jail time. So if you want to fly your drone legally, make sure you know what’s allowed where you live (and over the private property).

Can You Sue Someone For Flying A Drone Over Your House?

So, if you live in America, chances are pretty good that you can sue someone for flying a drone over your house. But whether or not you actually win anything is another story. The only way to truly prevent someone from flying their drone over your house is to make sure there’s no airspace up there.

That’s not really feasible, though, and any kind of barrier between your house and their drone could be construed as an invasion of privacy. And even if it’s technically illegal, police departments aren’t exactly well-equipped (or willing) to enforce such things. You may have better luck with lawyers or private investigators hired by yourself or your insurance company.

What To Do If You Are Flying A Drone Near An Airport

The FAA is concerned about near misses between drones and airplanes. As such, it requires all drone pilots to register their devices with them if they weigh over half a pound, if they’re being used for commercial purposes or if they are being flown within five miles of an airport.

The rules are strictest around airports, where you can only fly your drone up to 400 feet in altitude and no closer than five miles away from an airport’s runways. If you do plan on flying anywhere near an airport, you have several responsibilities: You must notify air traffic control that you’re flying in their airspace. Do not interfere with manned aircraft.

Where Can I Buy A Professional Camera For My Drone?

Whether you’re looking for your first drone or you’re tenth, there are a lot of professional-quality models on sale right now. To help you find one that fits your needs and your budget, we’ve rounded up some of our favorite drone cameras from brands like DJI, Parrot, Yuneec, and GoPro. There are new releases out every year so always do your research before you buy. Most importantly make sure to check if they have FAA approval or not!


If you live in a state like Colorado, where you’re allowed to fly your drone over private property, the key is to be respectful of your neighbors and stay in line with the FAA’s guidelines. When you’re flying your drone in a populated area, try to keep a reasonable distance from your neighbors.