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MarkEliot

Air Rights and People Flying Over My house

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Personally I don't like people flying over my house. It scares me. If they want to fly in their one engine putt putts fine. But fly over the lake. Safer for me and the crazy driver above.

There is a building in Bethesda Maryland up north called the Air Rights building. It was named because the law firm in the building won a major settlement representing a small home owner who refused to sell to a major developer ( Trump?) who bought the buildings on both sides of his home and wanted his too. He refused. The developer built on both sides of him and built a bridge connecting them. The court ruled against the developer saying homeowners  have the rights to the air above their homes. 

How how about Here?

 

 

 

 

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As long as the plane is above the federal minimum height it is legal. The height varies for example landing pattern of airport. 

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From this link (doesn't speak to MX, but to UK and US): http://www.todayifoundout.com/index.php/2014/08/land-much-really-right/

The most famous case of this kind comes from 1945 when a chicken farmer namedThomas Lee Causby sued the US government for flying approximately 83 feet above his property, the noise of which caused a bunch of Causby’s chicken’s to accidentally kill themselves by running into walls. Causby won his case and the courts agreed that although a property owner wasn’t entitled to own all of the air above their land, they were entitled to enough so that planes flying overhead wouldn’t kill their chickens. Progress!

Today in the UK thanks to the Civil Aviation Act of 1982, the generally accepted amount of air above one’s roof a person is entitled to is approximately 500-1,000 feet, though again this isn’t a hard definition.  Likewise, the United States has a similar estimation of about 500 feet, though this has never been officially ruled on by the Supreme Court.

In both cases, this may be soon changing with the widespread introduction of drones, both personal, commercial, and those owned by the respective governments.  As such, the U.S. federal government particularly has recently been looking into significantly lowering the airspace “public highway” floor to accommodate this type of aircraft.

 

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The op has a legit qustion and there is no point bringing the States into it.  Maybe if yo go to city hall you can ask what is the rule or if there is one,

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City hall would not probably have a copy of the federal air regulations, nor the ability to enforce those regulations. Buest guess 1500 feet over populated area unless in a landing pattern for an airport.

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US/Canadian flight rules say that 500 feet above ground for open country and 1000 feet above ground for populated areas. I am sure it is similar for Mexico

 

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Generally its 500ft.   If its a big plane doing it check out www. flightradar24.com and click on the plane and it will tell you altitude.  This only applies to more sophisticated planes.  You have much more danger driving lakeside or crossing the carraterra than having a plane fly into your house.  Remember the "World according to Garp" movie with the plane crashing into the house?  Funny but sad movie.

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1 hour ago, Bontekoe said:

If you like the US way of life, please go back to the US do not try to exported here

The OP is not saying he wants to import the U.S. or any other country's way of life to Mexico. He is asking what law is applicable here.

What is wrong with that? What are you so angry about that you are responding in this manner?

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they have the little put put seats with wings that are flying over houses, the question is at what altitude can they fly over the houses..obviously it is differnt from the larger planes..Is there any rules regarding all the nuisances flying over the houses?

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37 minutes ago, bmh said:

they have the little put put seats with wings that are flying over houses, the question is at what altitude can they fly over the houses..obviously it is differnt from the larger planes..Is there any rules regarding all the nuisances flying over the houses?

That and the others are reasonable questions for which I hope an answer can be found.  Yes, we have lots of local noise from festivals and eventos, but otherwise, it's more peaceful here than where we came from.  My CA home had police and news helicopters all day, especially during commute hours.  Nothing like that here..............so far, and thank hevvins for it.

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It's not about whether one should go back to the U.S. but it is about understanding that government here does very little about stuff like this and one either gets used to it or one returns to a much more policed and regulated environment.  

One has to get used to a certain level of irritant here to live here successfully.  As I type this, there is a steady beat of cojetes going off somewhere in Ajijic.  That is a much more frequent irritant that is here to stay.

 

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FAA regulations in USA 

For registered airgraft (2 seats or more)

91.119 Minimum safe altitudes: General.

Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

 

For ultralights (1 seat under 254 lbs not registered no pilots license needed)

103.15   Operations over congested areas.

No person may operate an ultralight vehicle over any congested area of a city, town, or settlement, or over any open air assembly of persons.

 

Would guess Mexico would have more or less the same regs

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3 hours ago, MarkEliot said:

Personally I don't like people flying over my house. It scares me. If they want to fly in their one engine putt putts fine. But fly over the lake. Safer for me and the crazy driver above.

There is a building in Bethesda Maryland up north called the Air Rights building. It was named because the law firm in the building won a major settlement representing a small home owner who refused to sell to a major developer ( Trump?) who bought the buildings on both sides of his home and wanted his too. He refused. The developer built on both sides of him and built a bridge connecting them. The court ruled against the developer saying homeowners  have the rights to the air above their homes. 

How how about Here?

 

What a waste of space on this web board.  Having lived in upper La Floresta for nine years I seldom see or hear an aircraft flying over upper La Floresta... maybe once or twice a year and if I had to guess the altitude I would say it's got to be close to 1000'.. 

Is it that big of a deal....I don't think so. Just a grumpy old guy from NOB wanting to bitch about something.

 

 

 

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103 f that is about 10 floors right? If that is right and if the rules were the same big IF those guys are not respecting the rule, WHenyou can see the face of a guy lying over, he is a lot lower than 10 floors high..

So you do not have any  over la Floresta..so what? It is not the only populated area Lakeside.

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I had a small drone crash in my yard yesterday, scared H out me and my dog and cat,  I called the police, and they came and got it,  there should be a law on regulating where they can fly also...

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4 hours ago, Bontekoe said:

Yes we are im Mexico and US laws or court rulings DO NOT apply here

The OP did not say these laws applied here.  He was using it as an situational example and the outcome.  There is no need to attack or criticize him.

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Are you wanting to limit flying over only your house? I can't imagine that enough people are concerned to make significant changes in the flight patterns for the whole area. Look at it this way. Once a year paper balloons with small cans of burning fuel attached are flown over Ajijic. When they crash, they sometimes start small fires. The few complaints have fallen of deaf ears.

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tell me about it, one landed on my palapa and it was lucky I was here and that I was able to put out the fire but if I had not been there I would have had no palapa when I got back. You know when the baloons are flying so you can hang around if you do not want any damage..

No I have no intention to get into a battle  over flying objects..I am not here 7 months of the year  so be it but those low flying objects are not safe..This said it is the way it is..

Thank you Zeb I can read and understand, the post was about the rules in the US which is irrelevant but gives one´s idea of what other countries consider safe..or what they do..I am too lazy to find out what the rule here is or if there is one..I have been here too long to worry about it.

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4 hours ago, artsnob said:

I had a small drone crash in my yard yesterday, scared H out me and my dog and cat,  I called the police, and they came and got it,  there should be a law on regulating where they can fly also...

You should have kept it.

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It interesting that for the past few days I've been exploring the requirements for obtaining a

license to fly ultralight aircraft in Mx. I was thrilled to see an orange winged, single prop plane fly over my house in west Ajijic and hoped it would come back so I could get another look! He appeared to be flying at a couple hundred feet. What a beautiful sight! 

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When you live in a beautiful locale such as this with a very pretty and large lake nestled up against gorgeous green impressive mountains all around (it doesn't matter where you are in the world) the area will be prone to lots and lots of tourists, and along with these lots and lots of tourists you will get a lot of adventure tourist types that love to hang glide over the area, or fly around in those small put put planes with lawn mower engines or maybe they will love to fly their newly purchased drone here to take some good pictures of our beautiful lake to put maybe on youtube.  I seriously doubt there is any criminal intent in this, like scouting out properties to rob or such, but just average people out enjoying the area to the max.  So, we are just going to have to deal with these little annoyances, because we chose to live in such a picturesque location. All you can do is say a short prayer asking for one of these crazy flying machines not to hit your house, then go on and live the rest of your life and try to be happy.

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Well, recently posted here was the guy whose camera-equipped drone was shot out of the sky as he was doing just what dicho described. He was concerned about who might want privacy so bad and possessed a gun to ensure it. So, not everyone has the easy-going, live-and-let-fly attitude so beautifully described above.

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8 minutes ago, Xena said:

Well, recently posted here was the guy whose camera-equipped drone was shot out of the sky as he was doing just what dicho described. He was concerned about who might want privacy so bad and possessed a gun to ensure it. So, not everyone has the easy-going, live-and-let-fly attitude so beautifully described above.

Two totally different things entirely.

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