Drone law

Do you own the airspace above your house?

You do not own it

No. You own only the low airspace you can use. The navigable airspace above it belongs to the public, and only the FAA can declare a no-fly zone. You do not own the navigable airspace above your house, and you cannot declare your property a no-fly zone. In United States v. Causby (1946) the Supreme Court held that a landowner owns at least as much of the space above the ground as they can occupy or use, but that the air above the minimum safe altitude of flight is a public highway. The FAA has exclusive authority over that navigable airspace, and only the FAA designates restricted airspace or no-fly zones, for reasons like airports, temporary flight restrictions, and security-sensitive sites. A homeowner cannot lawfully close the airspace above their land, and a sign or a fence does not create a no-fly zone. What you do have is state and local privacy, nuisance, and harassment law that governs how a drone is used near you. This is not legal advice.

✓ Last verified Jan 1, 20264 sources

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No, you do not own the airspace above your house in the way the question usually means. In United States v. Causby (1946) the Supreme Court drew the line: a landowner owns at least as much of the space above the ground as they can occupy or use in connection with the land, but no more. The air above the minimum safe altitude of flight is a public highway.

So you own the low airspace you actually use, the room a building, trees, or a structure occupy, but not the higher navigable airspace that aircraft, including drones, travel through. That navigable airspace is controlled by the FAA, exclusively and federally, not by individual landowners or local governments.

That is also why you cannot make your property a no-fly zone. No-fly and restricted areas are designated by the FAA, for reasons such as airports, temporary flight restrictions, and security-sensitive sites. A homeowner has no federal mechanism to close the airspace above their land, and posting a sign or building a fence does not create one. If you think a location should be restricted, that is a request to the FAA, not a right you hold as a property owner.

What you do control is how a drone is used near you. State and local privacy, voyeurism, nuisance, harassment, and trespass laws can apply to a drone that records into your home or harasses you, and they vary by state. This page is a plain reading of the public record, not legal advice.

The authorities, one by one

Each entry is a real legal authority on who owns and controls the airspace above your land, dated and attributed. You own the immediate reaches you can use; the FAA controls the navigable airspace above.

Who controls the airspace above your land

There is no federal mechanism for a homeowner to create a personal no-fly zone.
Federal law gives property owners no power to close the airspace above their land to aircraft, including drones. What you do have is state and local privacy, nuisance, harassment, and trespass law that governs how a drone is used near you, not whether it may be in the air at all. DEPLOY finds no federal rule that lets a private landowner declare a no-fly zone.
No federal power
Jan 1, 2026
No federal statute on record
FAA2024-01-01
The FAA has exclusive authority over the navigable airspace of the United States.
Control of the navigable airspace rests with the federal government through the FAA, not with individual landowners or local governments. That is why a drone may lawfully pass over your property when it follows FAA rules, and why you cannot unilaterally prohibit it. The FAA administers who may fly, how high, and where.
FAA authority
Jan 1, 2024
Federal Aviation Administration
FAA2024-01-01 FAA2024-01-01
Only the FAA can designate restricted airspace or a no-fly zone.
No-fly and restricted areas are set by the FAA, for reasons like airports, temporary flight restrictions, and security-sensitive sites. A homeowner cannot declare their yard a no-fly zone, and a sign or a fence does not create one. If you believe a location should be restricted, that is a request to the FAA, not a right you hold as a property owner.
FAA authority
Jan 1, 2024
Federal Aviation Administration
FAA2024-01-01
You own only the immediate reaches of the airspace, not the navigable airspace.
In United States v. Causby (1946), the Supreme Court held that a landowner owns at least as much of the space above the ground as they can occupy or use in connection with the land, but no more. The air above the minimum safe altitude of flight is a public highway. So you own the low airspace you actually use, such as the room for a building or trees, but not the higher navigable airspace aircraft travel through.
Supreme Court
May 27, 1946
U.S. Supreme Court, United States v. Causby (1946)
Cornell Law (Supreme Court)1946-05-27

How the law lines up

A dated view of each authority, newest first, from current FAA guidance back to the 1946 Supreme Court case that drew the airspace line.

Jan 1, 2026There is no federal mechanism for a homeowner to create a personal no-fly zone.No federal power
Federal law gives property owners no power to close the airspace above their land to aircraft, including drones. What you do have is state and local privacy, nuisance, harassment, and trespass law that governs how a drone is used near you, not whether it may be in the air at all. DEPLOY finds no federal rule that lets a private landowner declare a no-fly zone.
No federal statute on recordFAA2024-01-01
Jan 1, 2024The FAA has exclusive authority over the navigable airspace of the United States.FAA authority
Control of the navigable airspace rests with the federal government through the FAA, not with individual landowners or local governments. That is why a drone may lawfully pass over your property when it follows FAA rules, and why you cannot unilaterally prohibit it. The FAA administers who may fly, how high, and where.
Federal Aviation AdministrationFAA2024-01-01 FAA2024-01-01
Jan 1, 2024Only the FAA can designate restricted airspace or a no-fly zone.FAA authority
No-fly and restricted areas are set by the FAA, for reasons like airports, temporary flight restrictions, and security-sensitive sites. A homeowner cannot declare their yard a no-fly zone, and a sign or a fence does not create one. If you believe a location should be restricted, that is a request to the FAA, not a right you hold as a property owner.
Federal Aviation AdministrationFAA2024-01-01
May 27, 1946You own only the immediate reaches of the airspace, not the navigable airspace.Supreme Court
In United States v. Causby (1946), the Supreme Court held that a landowner owns at least as much of the space above the ground as they can occupy or use in connection with the land, but no more. The air above the minimum safe altitude of flight is a public highway. So you own the low airspace you actually use, such as the room for a building or trees, but not the higher navigable airspace aircraft travel through.
U.S. Supreme Court, United States v. Causby (1946)Cornell Law (Supreme Court)1946-05-27

How we know this

Every legal statement on this page is attributed to its source: the Supreme Court's decision in United States v. Causby on airspace ownership, and the FAA's own guidance that it controls the navigable airspace and alone designates no-fly zones. Here are the sources behind each point.

FAA2024-01-01 FAA2024-01-01 FAA2024-01-01 Cornell Law (Supreme Court)1946-05-27

These are the federal authorities that decide who controls the airspace. State and local privacy and nuisance law governs how a drone is used near you and varies by state. This page is a plain reading of the record, not legal advice.

Common questions

How high up do you own the air above your property?

There is no single number in federal law. United States v. Causby says you own as much of the space above the ground as you can occupy or use in connection with the land, which is the immediate reaches, and that the air above the minimum safe altitude of flight is a public highway. Courts have never fixed a precise height where private airspace ends, so the honest answer is the low airspace you actually use, not a set altitude.

Can I make my property a no-fly zone for drones?

No. Only the FAA can designate restricted airspace or a no-fly zone, for reasons like airports, temporary flight restrictions, and security-sensitive sites. A homeowner cannot declare their yard a no-fly zone, and a sign or fence does not create one. You can report unsafe or harassing operation to local law enforcement and the FAA, and pursue state privacy or nuisance remedies, but you cannot close the airspace yourself.

Can drones legally fly over my property?

Generally yes. Because the FAA controls the navigable airspace, a drone may pass over your property when the operator follows FAA rules: under 400 feet, within visual line of sight, and out of restricted airspace. You do not own that airspace and cannot ban the overflight. You may still have state-law remedies if the drone is used to record into your home or to harass you.

Does United States v. Causby still apply to drones?

Causby is the leading Supreme Court case on airspace ownership and is routinely cited in drone disputes. It predates drones, so it does not resolve every low-altitude question, and courts and legislatures are still working out how it applies to small drones flying below traditional aircraft altitudes. Its core holding stands: you own the immediate reaches you can use, and the navigable airspace above is a public highway.

If I do not own the airspace, why do I have any say at all?

Your say comes from state and local law, not from owning the airspace. Privacy, voyeurism, nuisance, harassment, and trespass laws govern how a drone is used near your home, even though they do not let you close the airspace. Those laws vary by state, so what you can do about a specific drone depends on where you live and the facts. This is not legal advice.

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