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LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 818
Experience:  Solicitor with over 15 years experience.
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We recently received correspondence from our neighbour relating

Customer Question

We recently received correspondence from our neighbour relating to our water supply. Amongst the papers there was a photograph of our house and garden taken from the middle of our property. The person taking the photograph had trespassed onto our land and taken a photograph without our knowledge or permission. The photograph was not of any significance to the correspondence they had sent. We don't know if there are more photographs or if there are photographs which include our children.
Can someone enter your property and take photographs of your home without your permission? Can I claim copyright and if so could I send them a hefty bill for the pictures they have taken?
Peter Themans
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you.
Entering your property without your permission is a civil wrong (the tort of trespass) but not a crime. It only becomes a crime if something is done which prevents you from using your land lawfully.
I can see that this it is upsetting for you that the neighbours have done this but it would be hard to see any harm you have suffered which could lead to compensation.
I don't think that there is any legal remedy which can help you with this I am afraid.
Customer: replied 2 years ago.

We have an adopted son and we are concerned that they may have images of him. Social services have instructed us to avoid newspaper pictures, and that he should be excluded from group school / sports club pictures. Surly we are entitled to an explanation for their trespass. Also is there any reason that I can't send them a bill for the image they have taken?

Expert:  LondonlawyerJ replied 2 years ago.
Is there any reason to think they took a picture of your son? There is no basis for you to charge for the picture being taken.