How Low Can You Fly a Drone Over Private Property?

Flying drones is a commercial activity as well as leisure. But there are certain rules and regulations you need to follow when flying drones, especially when they are intruding on someone else’s privacy.

So the question must be in your mind how low can you fly a drone over private property?

We will explain the answer to this question in detail in this blog post so that you can fearlessly fly drones for your purpose.

How Low can you Fly a Drone over Private property?

Drone flights over private property are subject to different laws and regulations depending on the country and jurisdiction. To ensure the safety and privacy of others, drone operators must generally follow certain guidelines.

In the United States, for instance, the Federal Aviation Administration (FAA) prohibits the use of drones for such flights as those carried out by commercial operators with FAA authorization above 400 feet above the ground.

In addition, drone pilots must respect others’ privacy and avoid flying over private property without permission.

Is Flying A Drone Over Private Property Allowed? 

You need to be aware of the objections made by landowners when drone operators fly over their property. You should be informed of whether it is legal in your area to fly a drone over private property as a drone operator. 

Paying fines is more expensive than buying drones. So, is flying a drone over private property allowed? Drones are allowed to fly over private property, but only in controlled airspace above 400 feet. 

Property owners have legal access to their property, and some state and local regulations forbid the use of drones over private property.

Drones Videography and Photography Laws:

In general, taking photographs of anybody on public territory is permissible as long as the standards are met. You may shoot photographs or movies in a tourist attraction, whether it is accessible to the public or not.

The primary guideline is that anything is permissible unless plainly banned by some form of sign.

Is It Permissible for Drones to Capture Images of Privately Owned Property?

If the flight height is within permitted limits, the FAA considers drone operation in private property airspace to be lawful.

But, you must first study any applicable state privacy laws before attempting to take pictures of private property. Private property should not be photographed unless the owner gives you permission.

FAA Regulations For Flying Drones in the USA:

  • Drone flying is legal for both commercial and recreational use in the United States. 
  • One must pass The Recreational US Safety Test (TRUST) and register their drone on the FAA drone zone website to confirm that the objective is purely recreational. 
  • A community-based group must adhere to the safety regulations and the drone’s weight must be less than 55 lbs.
  • Commercial drone flight is prohibited near other aircraft, emergency response operations, and Class G airspace in the US. 
  • The FAA mandates a Remote Pilot Certificate, a 100 mph top speed limit, and a 55 lb minimum weight requirement. 
  • Drones need to be below 400 feet to fly. 
  • Another rule is the registration of drones with the FAA. 

Is it Allowed to Fly a Drone Over Private Property without Permission?

Where you reside has a significant impact on the response to this question. Before using a drone to fly over private property, several jurisdictions demand that operators get permission from the landowners.

Nonetheless, there are numerous locations where flying a drone over private property without first obtaining permission is quite lawful.

Can I Fly a Drone in Someone Else’s Backyard?

drone in the backyard

Be sure the region is not a prohibited one before using a drone in someone’s backyard. If there is even a remote risk that your drone may crash with a military facility or aircraft, avoid flying there in accordance with federal legislation. 

Nonetheless, feel free to take off if the property isn’t listed as restricted or in an area where drones aren’t allowed. Ask the owner whether you wish to fly over their property if you are unsure of whether you have their permission.

If they say yes, that’s fantastic; but, if they say no, you might want to reconsider your intentions before getting into problems. 

The FAA advises notifying local authorities rather than continuing with flying operations without authorization from neighbours who might not be happy with a drone buzzing above their heads.

Is It Legal For Police To Operate Drone Over Private Property?

Law enforcement can fly drones to conduct surveillance, although in general, broad surveillance is not allowed unless it fits one of the criteria stated below: Investigations into traffic accidents, firefighting efforts, and methods for managing animals are all examples of search and rescue operations.

Read also: How Long Can a Police Drone Stay in the Air?

Is Flying A Drone Over Private Property in California Legal?

Drones are prohibited from flying over private property in California, and trespassing is a non-indictable misdemeanour punishable by up to $1,000 in penalties or six months in prison.

Is It Legal To Fly Drone Over Private Property in Michigan?

In general, it is legal to fly a drone over private property in Michigan. Owners have the right to utilise airspace above their property, therefore if you want to fly a drone over someone else’s property, bear that in mind and fly at least a tree line above the ground.

Is It Legal To Fly Drone Over Private Property in Indiana?

In general, a drone can be flown over private property in Indiana under Indiana state law. 

Can I Shoot Drone Flying Over My Property?

US Code 32 prohibits the shooting of drones. The Code’s objective is to protect drones from injury and obliteration. US Code 32 states that shooting at drones is punishable by a fine and a 20-year prison term. Although you could own the land, the airspace above it is not your property.

Read also: How to Take Down a Drone Legally?


To conclude, there is no such thing as unfettered airspace; the FAA regulates the whole National Airspace System. Drone operators must understand the distinction between regulated and uncontrolled airspace, as well as the legal airspace boundaries. 

There is controlled airspace around some airports and at certain altitudes where air traffic controllers actively control, coordinate, and separate all aviation traffic. Another airspace is considered uncontrolled since air traffic controllers do not manage aircraft traffic inside its bounds.

In general, you can only fly your drone in uncontrolled airspace at heights lower than 400 feet (AGL).