Peter in California says:
Grant Johnston, who advertises on your blog, had a good question on his own Video blog. Is there an existing photo consent form that includes drone shooting as well as property release in existence? I have left this up to my clients who have photo consent as part of their contracts with their owners, however, I have been discovering that all too often they have me in to shoot before any paperwork is actually signed since seeing the photo results can help make the owner commit.
In some countries, such as Grant's (NZ), you have to have the permission of all neighbors whose properties will or might appear in the photos or over which you might fly to get your shots.
According to Paul Aitken at thedroneu.com, yes, you should have a property release for the surrounding properties. I'm not a legal expert in this area so I'm going to recommend drone pilots interested in this question to watch this video podcast by Paul Aitken.
Thedroneu.com also has some forms for a real estate shoot in the resource area of their website. But you need to become a member to access them. Here is another location to get forms. And here is another.
Update 8/1: The key to this issue is that currently there is almost no agreement about trespassing in low airspace (ground to 400'). The FAA says it controls it. Oregon passed a law that says if you are under 350' you can be sued for trespassing. Some cities have passed similar laws. And there is little or no court cases in this area. Paul Aitken makes a short reference to this. This is why he suggests property releases.
Update 8/5: After some more research on this subject, I found this post that summarizes the answer to the whether one is allowed to fly a drone over private property. In short, it is not clear. What is clear is that if you land or take off without permission, the operator can be sued for trespass.