Aerial drones are usually reliable, and in the hands of an experienced operator are brought home with sufficient battery power in reserve. However, there may be circumstances when the aircraft can’t be brought home and it lands on someone else’s property. I established in Part 1 that the property owner does not have a lawful claim on your aircraft. In this blog, we review your recovery options in less-than-friendly circumstances.
What Are My Options?
If the property owner refuses to return your aircraft, or allow you to retrieve it, then you should call local law enforcement to intervene. As long as no harm was done, then it’s likely that the property owner will hand over your drone to a law enforcement officer. Although the owner may be reluctant, they may come around after being advised that they face a charge of larceny if they hold onto it. There are several other ways this scenario can play out (such as intentionally destroying your aircraft), but if none turn out favorable to you, then you’ll have to ask for a law enforcement report and proceed with a civil or criminal complaint.
I recently heard of a scenario where a novice was using their drone for low-level spying, which violates state and federal privacy laws. If the property owner gets your drone under these circumstances (using any available means) your claim is going to be an uphill battle.
If your aircraft gets stuck in the owner’s tree or is on their rooftop, then be prepared to pay for a service to come out to retrieve it for you. For example, this may cost you $150 for a tree service to come out, climb the tree, retrieve your drone, and assure the owner that no harm was done to their tree.
Sometimes the best grease is money. If the property owner is annoyed, then you may offer a modest sum for their troubles. Conversely, if the property owner demands a “salvage” fee, then this may be the path of least resistance that gets your aircraft back. Even if the law of ownership is on your side, getting a legal judgment will be costly and take time. In the meantime, you’ll probably have to buy another drone.
There is the unpleasant scenario where your drone damaged property or injured a person (or animal). In such a case, your drone deprived the owner of their full enjoyment of the land and your situation has become a whole lot more complicated. This is why you need a good liability insurance policy.
What if the Property Owner Refuses to Return My Aircraft?
Aerial drones can be expensive, with the value of some in the thousands of dollars. At this price point, a court proceeding may be worth the cost. For less expensive drones, a court proceeding may give you some degree of satisfaction but the cost may exceed the drone’s value. Some property owners are so belligerent that they will destroy your drone. I wish I could be gentler in advising that you may need to be prepared to accept the loss of your drone.
In Any Scenario with Complications, Document Everything and Take Pictures
If your operations require flying over private property, then carry an insurance policy that covers liability AND loss of aircraft. If it goes down, then collect as much information as possible about the circumstances, take pictures, print out your controller’s log files, and take names. When dealing with property owners, always be professional and affirm their rights as well as your own. Even though the law is on your side, the property owner has possession of your drone so carefully assert your rights in the kindest manner possible.