Are you breaking Texas law when you fly your drone?

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Drone flying in the air

02/07/2017 | Author: Editorial Staff

Just because a drone operator complies with Federal Aviation Administration rules for small unmanned aircraft doesn’t mean he can fly anywhere in Texas he wants. The Texas Privacy Act (Government Code Chapter 423) limits the use of drones in certain situations, even if the operator is certified by the FAA.

However, the privacy act has an exception for real estate activities. It allows drone users to take photos and video if they are “captured by a Texas licensed real estate broker in connection with the marketing, sale, or financing of real property, provided that no individual is identifiable in the image.”

So, you can capture all the drone footage of a client’s property that you want—as long as you keep people out of it (unless you have their consent).

If you’d like to take footage of the property’s surroundings, stick to public property or obtain consent from that owner. You’re allowed to capture images and video of public property and people on public property. But you could run afoul of the law if you record properties that aren’t your client’s.

Categories: Legal, Land, farm, ranch
Tags: legal, drones

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Legal disclaimer

The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. You should contact your attorney to obtain advice with respect to any particular issue or problem. Applicability of the legal principles discussed in this material may differ substantially in individual situations.

While the Texas Association of REALTORS® has used reasonable efforts in collecting and preparing materials included here, due to the rapidly changing nature of the real estate marketplace and the law, and our reliance on information provided by outside sources, the Texas Association of REALTORS® makes no representation, warranty, or guarantee of the accuracy or reliability of any information provided here or elsewhere on texasrealestate.com. Any legal or other information found here, on texasrealestate.com, or at other sites to which we link, should be verified before it is relied upon.

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