If this is true... then a police drone may need a warrant and a legitimate reason to fly over your property..
https://en.wikipedia.org/wiki/Air_rights
Unlimited air rights existed when people began owning
real estate. It was not something that anyone really concerned themselves with before the 20th century. The first legal limits placed on air rights came about because of the
airplane. Eventually, owners' property rights in the
airspace were limited to what they could reasonably use. It would be impractical for the development of air travel for individual landowners to own all the space above them, therefore legislators established a public easement in the airspace above 500 ft in order to prevent claims of
trespassing.
The landowner's claim raises some fundamental legal principles about the ownership of land and the airspace above the land. These principles have been developing over time. In early
common law, when there was little practical use of the upper air over a person's land, the law considered that a
landowner owned all of the airspace above their land. That doctrine quickly became obsolete when the airplane came on the scene, along with the realization that each property owner whose land was overflown could demand that aircraft keep out of the landowner's airspace, or exact a price for the use of the airspace. The law, drawing heavily on the
law of the sea, then declared that the upper reaches of the airspace were free for the navigation of aircraft. In the case of
United States v. Causby,[SUP]
[5][/SUP] the
U.S. Supreme Court declared the navigable airspace to be "a public highway" and within the
public domain. At the same time, the law, and the Supreme Court, recognized that a landowner had property rights in the lower reaches of the airspace above their property. The law, in balancing the
public interest in using the airspace for
air navigation against the landowner's rights, declared that a landowner controls use of the airspace above their property in connection with their uninterrupted use and enjoyment of the underlying land. In other words, a person's real property ownership includes a reasonable amount of the private airspace above the property in order to prevent nuisance. A landowner may make any legitimate use of their property that they want, even if it interferes with aircraft overflying the land."[SUP]
[6][/SUP]