RCU Forums - View Single Post - Overflying Private property without permission
Old 02-06-2011, 10:05 AM
  #239  
wcmorrison
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Default RE: Overflying Private property without permission

Don't know about the rest of the states but in Texas there are indeed air rights.  It may not be enforceable but it is a fact.  Same principle applies to ground or surface rights and mineral rights.  One can sever the mineral rights, and the owner of the mineral rights has priorty over surface rights and surface rights have priority of air rights.   Texas may be peculiar but then it came into the United States as an independent nation, not as US territory.  Thus we have a lot of odd things but they are generally good things for us land owners.  We have things like homestead rights and so on.  Real estate law here is quite different in many respects.

Regardless, I am appalled that an R/C pilot thinks he has the right and privilege to over fly another's territory.  Where is our sense of what is right not what one thinks is his right.  Check with a real estate lawyer first.

Chip