What are the legal ramifications of flying a UAV over private property without permission?
Flying a UAV over private property without permission can have several legal ramifications, primarily related to privacy, trespass, and potential violations of state and local laws. While the FAA regulates the airspace, property rights are typically governed by state and local jurisdictions. One potential ramification is invasion of privacy. Flying a UAV over private property without permission can be considered an invasion of privacy if the UAV is equipped with a camera and is used to record or observe activities on the property that would otherwise be considered private. This can result in civil lawsuits for damages. Trespass is another consideration. Even without recording, flying a UAV over private property without permission can be considered a form of trespass, which is the unauthorized entry onto another person's property. This can result in civil lawsuits for damages and potentially criminal charges, depending on the specific laws of the state and local jurisdiction. Violation of state and local laws is possible. Many states and local jurisdictions have laws that specifically regulate the use of UAVs, including restrictions on flying over private property. Violating these laws can result in fines, penalties, and potentially criminal charges. Potential for nuisance claims exists. Even if the flight does not constitute trespass or invasion of privacy, it could be considered a nuisance if it is unreasonably annoying or disturbing to the property owner. This can result in civil lawsuits for damages. Potential for FAA enforcement actions exists. While the FAA primarily regulates airspace, it can take enforcement action against a remote pilot who is operating a UAV in a reckless or careless manner, including flying over private property without permission. This can result in fines, suspension of the remote pilot certificate, or other enforcement actions. For example, if a UAV is used to repeatedly film a neighbor's backyard without their permission, the UAV operator could face charges of invasion of privacy and trespass. Even simply flying a drone at low altitude over someone's property repeatedly could be considered harassment or nuisance, even if no recording occurs.