US FederalDo FAA drone regulations apply to a neighbor flying drones over my property?
Yes, FAA drone regulations apply to your neighbor’s drone flights—but they do not give you automatic control over airspace above your property. The FAA regulates all navigable airspace, including low-altitude flights.
What the Law Says
Federal law governs drone use nationwide, preempting most local or state restrictions on airspace. While property owners have rights to the lower stratum of airspace they reasonably use, courts have consistently held that navigable airspace—including airspace above 80–500 feet—is subject to federal regulation.
The Federal Aviation Administration (FAA) regulates all aircraft, including drones, under the authority of the Federal Aviation Act of 1958 and the FAA Reauthorization Act of 2018. This authority extends to 'navigable airspace,' defined as 'airspace at and above the minimum safe altitudes of flight'—including areas above private property (49 U.S.C. § 40102(a)(32)).
In United States v. Causby (1946), the Supreme Court recognized a landowner’s property rights extend only to the 'lower stratum' of airspace they meaningfully use—such as for buildings or trees—but affirmed that the federal government holds exclusive sovereignty over navigable airspace. Modern drone cases reaffirm that FAA rules displace conflicting local ordinances (see Singer v. City of Newton, 2017 WL 4150317).
Recreational drone operators must comply with the Exception for Recreational Flyers (14 CFR Part 101 Subpart E), while commercial operators must follow Part 107. Both require flying below 400 feet, remaining within visual line-of-sight, and yielding right-of-way to manned aircraft—regardless of property lines.
Statutory TextNo person may operate a civil unmanned aircraft without complying with the requirements of this part.
— 14 CFR § 107.12(a)
What to Do
Document the drone activity: note date, time, duration, altitude, and behavior (e.g., hovering, recording); take photos/videos if safe and lawful.
Check if the operator is following FAA rules: verify registration (required for drones >0.55 lbs), observe for visual line-of-sight operation, and confirm altitude appears below 400 feet.
Contact the operator calmly and directly—many disputes resolve informally once concerns about privacy or noise are raised.
File a report with the FAA via the DroneZone portal or contact your local FAA Flight Standards District Office (FSDO) if you suspect violations like nighttime operation without waiver or reckless flying.
Consult an attorney before pursuing civil claims (e.g., nuisance, invasion of privacy); trespass claims based solely on drone overflight face high legal hurdles under federal preemption.
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Related Questions
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-10-11.