Law regarding taking photographs of a persons property?

Question

I have an extremely nosy stuck up neighbour, she insists on making complaints about everything my family does. Recently we had a fire and we were moved out of our property for 3 months. She started taking photographs of the front of our house because there was some fire damaged stuff outside waiting to be removed she has now made a complaint to our local councillor, The stuff is due to be removed by the council in the next 10 days but i want to find out if it is legal for her to take photos of our property.

She got her son to come onto our property, he was seen doing it

Her son is an adult, he is in his 40s

I'm in England

Answer 1

I don't think it is illegal for her to take the pictures.

It is, however, very stupid of her to whine about sh*te like that when you and your family have had a disaster like a fire befall you.

Personally, I would confront her directly, and tell her that if she doesn't f**k off and stop harassing you immediately, that she is going to 'have a little accident' involving a flight of stairs, a 2x4, a bottle of lighter fluid, and a match.

Answer 2

Which country? Many countries have similar stances towards photography, however the legal implementation can be rather different. Since this has appeared in UK answers I'm going to explain UK law. In public (i.e. when on public property), there is no legal prohibition of photography, however there is no law protecting the right to photograph in public. Essentially there are no laws regarding the act of taking photographs in public. The Human Rights Act 1998 gives all citizens the right to privacy, essentially not to be harrassed. This doesn't mean that you have to ask for permission to take a photograph, but relies on the other party requesting that you don't. If the police deem you to be causing a disturbance you will be dealt with under the Public Order Act, most likely the officer will first warn you to stop. When publishing in news/media/press the publication of a photograph where the main subject is of an individual, that individual is protected by the Data Protection Act (clarified by the ICO guidelines). Essentially this means that if the person doesn't know you took a picture, and then complains when it's published in the news you (and the publishers) would be in trouble, however if they don't complain it's fine - so essentially there's no way other than asking permission. The case is different when a person forms part of a larger scene (e.g. at a protest), and the press are free to publish this type of image. Selling images commercially, is another issue. This is covered more by IP. While you own the copyright to the photograph you take. The pose/identity of the person is copyrighted to the person in the image. To commercially use an image you must therefore procure a model release for all subjects in a photograph. In recent years, Section 44 of the Terrorism act has been used against photographers. This has now been repealed, however Police have been known to use S43 of the same act (essentially the same but more limited). Being a photographer is not a legitimate reason for a stop and search, however there is little you can do about it, except to take the epaulette/ID number of the officer and lodge a complaint with the IPCC. Often S43 is used as a catchall for when the police want to move you on. Furthermore you need to note the difference between Public Property and Public Access. The latter is privately owned property on which the public are freely allowed access. Essentially the owners of the property can enforce additional rules, provided that they are operate within British and English law. For example a Public Access property like a Shopping Centre cannot prohibit the entry of ethnic minorities as that will conflict with an existing British law. However a shopping centre can ban photography as there is no law protecting photography. I'm not a lawyer, however my company deals with a lot of IP, and I work with a number of lawyers, and law students. I seriously recommend that you seek professional legal advice if you require a definitive answer.

Answer 3

I think that there are no restraints upon taking pictures of the front of your property. After all, anyone who knows your address can access a picture on line showing your house (complete with fire damaged stuff in the front!) People have made money out of taking aerial photographs of the whole of the country and selling them to residents of the various properties photographed.
But this neighbour sounds really horrid. Instead of being sorry for all the trouble you have had, she is trying to make things difficult for you. Rather like our next door neighbour, who called the police when a removal van needed to park on the yellow lines outside our house to load up with our personal effects when we were moving! What sad, boring lives some people have when their chief entertainment is to bully their neighbours! Is there anything you could do in return? A camera (no need to waste the film, just point it!), binos, or simply a notebook in which you solemnly note things (or at least appear to do so) whenever she's up to her tricks?

Answer 4

Your neighbour must be some really sad person if she has nothing else better to do than spy and complain about her neighbours,any normal human being would have at the least offered to help you in such sad circumstances,as for her son coming into your garden who the hell does he think he is.
I think you should keep a record of her silly antics and take action against her for harassment.
There are too many of these kinds of a-holes in this country who have nothing better to do than cause trouble for other people,her and her son are probably sh.gging each other and if I were you I would not put up with it anymore,I think you may have a case for trespass so speak to a solicitor for advice or your local council,good luck.

Answer 5

If you were not allowed to photograph other peoples property you would be extremely limited as to what you could photograph.I think this is down to common sense.

Answer 6

Although the laws may differ in another country, I would venture that she was within her rights, as long as she did not come on to your property to do it.

Answer 7

go to your local citizen advice office,they are great,they will help you from start to finish, i have a neighbour like that too,also my neighbour has CCTV cameras up to, nothing i can do as the cameras are aimed on her land, which she by law is allowed to do, i wish you all the luck, its a horrible thing to go through, all the best, hope it helps you, just be strong and stand your ground

Answer 8

Let me guess what country you are in!

On second thoughts, can't be bothered!