You may be thinking “the airspace above the surface that could reasonably be used in connection with the land” seems noticeably vague. At what point does my airspace end and the public highway begin? Unfortunately, there is no exact answer to this question, but generally, the government considers the public highway to start around 500 feet in uncongested areas, and 1000 feet otherwise. Flight over private land cannot interfere with the enjoyment and use of the land.
What about the airspace below 500 feet? Can helicopters, drones, or hang gliders legally fly above my property? In 1946 in the case of the United States v. Causby, a large military aircraft flew 83 feet above a farmer’s land startling his chickens, causing them to kill themselves by flying into walls. The Supreme Court ruled in favor of the farmer. So we are at least entitled to 83 feet. What about the space between 83 and 500 feet?
Well… this appears to be rather unclear and is still undecided.
Like I said, navigable airspace is controlled by the FAA, but what is “navigable airspace” is not quantified. And the rules say small unmanned aircraft cannot exceed 400 feet.
https://www.landsearch.com/blog/property-air-rights
Hope their drones go higher than 500 feet.
Keep reading. The very next bit from that page:
Like I said, navigable airspace is controlled by the FAA, but what is “navigable airspace” is not quantified. And the rules say small unmanned aircraft cannot exceed 400 feet.