Do you control the airspace above your property?

Do you control the airspace above your property?

Reading the explanation above, you can probably see the collision course we’re on: Landowners have the right to control at least some of the usable space above their land, yet the FAA claims the power to regulate drone use below, as well as within, navigable air space.

Who owns the airspace immediately above the land?

landowner
A landowner owns as much of the air above the surface as she can reasonably use in connection with the surface. That isn’t a clear line, obviously. Land wouldn’t be useable at all if one didn’t own some of the air above the surface; almost any use of the land requires using some airspace above the surface.

How much of the space above your property do you own?

While the Supreme Court hasn’t explicitly accepted that as the upper limit of property ownership, it’s a useful guideline in trespass cases. Therefore, unless you own some very tall buildings, your private airspace probably ends somewhere between 80 and 500 feet above the ground.

Can I knock down a drone on my property?

In short, the answer is no. Farmers were told deliberately interfering with a remotely piloted aircraft by shooting it down, damaging it or confiscating it could result in a police prosecution.

Do you own the airspace over your property?

However, this ownership is subject to the statutory right of overflight [i]. The air is generally a public highway and the airspace overhead is part of the public domain [ii]. But, if a landowner is to have full enjoyment of his/her land, s/he must have exclusive control of the immediate reaches of the enveloping atmosphere [iii].

Are there any air rights above your land?

Ownership no longer extends endlessly into space. Today, air rights extend to the airspace above the surface that could reasonably be used in connection with the land. Airplanes soaring above your property are not trespassing because they are flying in what Congress has declared as the public highway.

Can a property owner claim the air above their property?

The prevailing understanding is that a property owner can claim airspace that they are actually using (e.g., the trees and building structures on your property that occupy “your” airspace), but all other airspace is regulated by the FAA.

How is navigable airspace different from surface land?

Surface land is divided into clearly defined parcels under the control of local government to protect property owners, whereas “navigable airspace” is under the control of the federal government to keep the airspace safe for manned aircraft and the public below.