This is an old and known gray area. The courts have ruled that you do not have a right to privacy as viewed from the air. You can put up a fence, but if you are naked in your backyard you cannot complain about being seen from the air. Also, it applies to breaking the law and being seen from the air. Growing marijuana is the classic case.

Ancient property law asserts that you own a solid from a point at the center of the Earth, passing through your surface property (and shaped in outline by that) and extending infinitely into outer space. Modern reality is different than that. You cannot interfere with aircraft or spacecraft flying over your land.

Maybe in some parallel libertarian universe they have different laws where all of the airlines have complex leases to airspaces.

The problem, at root, is that our laws never adapted to the industrial era and now the information age. We still try to make all property be a farmer's field. I cannot bring my sheep to your field, but two people on opposites sides of that field can communicate with radios, thus laying a "field" of a different kind on top of yours.

Go figure… (because apparently, no one else has… )