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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Does an estate agent need permission to take photographs of

Resolved Question:

Does an estate agent need permission to take photographs of private property on private land?
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
-Could you explain your situation a little more?
Customer: replied 1 year ago.
An estate agent has taken photographs of my private property including my front garden and parking spaces when marketing the sale of a neighbour's property. The photographs were taken on private property (private land) which I have a share in, without my permission. I've asked the estate agent to remove the photos from their website - They're objecting. Surely an estate agent must obtain consent to take photographs of someone else's property on private land and adhere to the owners' restrictive covenant?
Expert:  Ash replied 1 year ago.
Do they need your permission - no,
It's not illegal to take photos of someone's private property. They can't shoot through windows etc into the house, but they can take photos outside etc.
Can I clairfy anything for you about this today please?
Alex
Customer: replied 1 year ago.
I find that difficult to believe. Based on the information I've researched, someone can not enter private property and take photographs without the owners permission.
Expert:  Ash replied 1 year ago.
It's a civil matter, it's not criminal. In criminal law there is no offence. Under civil it's trespass, but this is not illegal. You can sue someone in trespass in the county court for doing this, but the police won't prosecute.
Does that clairfy?
Alex
Customer: replied 1 year ago.
I am referring to private land...So are you saying that I can enter on anyones private land and take photographs of their private property e.g their house and that's perfectly acceptable? Surely not!
Expert:  Ash replied 1 year ago.
They can only take you to court on a civil basis not criminal. So you could sue and seek an injunction, but the pol one won't be interested. Trespassing is civil.
Does that help?
Alex
Customer: replied 1 year ago.
Thank you Alex...Yes, that's good to know.
Expert:  Ash replied 1 year ago.
Good luck
Alex
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