NC General Statutes

N.C. Gen. Stat. § 63-13 (2026)

Lawfulness of flight

✓ current as of July 2026

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Flight in aircraft over the lands and waters of this State is lawful, unless at such a low altitude as to interfere with the then existing use to which the land or water, or the space over the land or water, is put by the owner, or unless so conducted as to be injurious to the health and happiness, or imminently dangerous to persons or property lawfully on the land or water beneath. The landing of an aircraft on the lands or waters of another, without his consent, is unlawful, except in the case of a forced landing. For damages caused by a forced landing, however, the owner or lessee of the aircraft or the aeronaut shall be liable as provided in G.S. 63-14. (1929, c. 190, s. 4; 1947, c. 1001, s. 1.)

Notes of Decisions

Cited in 5 cases, 1949–2009 · leading case: McDonnell v. Guilford Cnty. Tradewind Airlines, Inc., 670 S.E.2d 302 (N.C. Ct. App. 2009).

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McDonnell v. Guilford Cnty. Tradewind Airlines, Inc., 670 S.E.2d 302 (N.C. Ct. App. 2009). · cites it 18× “13 and N.C. Gen. Stat. § 63-13 are too vague and ambiguous to constitute a public policy exception to North Carolina’s at-will employment doctrine; (II) granting defendant’s motion for a directed verdict, and concluding, as a matter of fact, that no reasonable jury could…”

Cheape v. Town of Chapel Hill, 359 S.E.2d 792 (N.C. 1987). · cites it 4× “However, the purpose of the statute was to subject the common law rights recognized and described therein to the right of flight established in N.C.G.S. § 63-13, not to prohibit a conveyance of air rights independent of the land beneath.”

City of Statesville v. Credit & Loan Co., 294 S.E.2d 405 (N.C. Ct. App. 1982). · cites it 8× “G.S. 63-13. It is, then, lawful for airplanes to fly over property in this state unless done in the manner proscribed by G.”

Wall v. Trogdon, 107 S.E.2d 757 (N.C. 1959). · cites it 2× “” And in Section 4 of the 1929 Act, now G.S. 63-13, pertaining to lawfulness of flight, the General Assembly further declared: “Flight in *753 aircraft over the lands and waters of this State is lawful, unless at such a low altitude as to interfere with the then existing use to…”

Barrier v. Troutman, 55 S.E.2d 923 (N.C. 1949). “317 , it was said: “That it is a nuisance, which annoys and disturbs one in the possession of his property, rendering its ordinary use and occupation physically uncomfortable to him.”

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