Can Someone Take Pictures Of My Property Without My Consent?

Can Someone Take Pictures Of My Property Without My Consent

With the explosion of smartphone technology (the small but effective smartphone camera) and social media, almost anyone who would like to has become a master photographer. You can literally just take out your smartphone and take the most stunning pictures whether of something in the distant or upclose. But let’s say you notice someone taking a picture of your property without even asking for your permission first and you cannot help but feel anger and frustration about the issue, and you wonder to yourself what the law has to say about that. Well here’s some information about why people can may take pictures of your property without your consent.

Table of Contents

Someone Can Take Pictures Of Your Property Without Asking You

Yes a stranger can absolutely take a picture of your property without your consent. This however is only in effect if the person taking the picture is not standing on your property.  There is no law against taking pictures in public, there is however a law against trespassing on somebody else’s property. Therefore the person taking the picture would need to ask for your permission if they wise to be on your property, which you can decline or accept at will. If they fail to acknowledge your decision, you are better off calling the authorities. But you would be calling them for somebody trespassing on your property not because someone is taking pictures of your property without your consent.

Exceptions To The General Rule

It is not illegal for somebody you do not know to take pictures of your property without your consent, however there are exceptions you as a property owner can use to stop it from happening. And these exceptions are largely based on where the picture is taken (as stated above) as well as how the picture will be used from that point going forward.

Trespassing

If the person takes the picture on your property without your consent it is called trespassing and it is a criminal offense that is punishable by law. You may choose to call the police and have the person arrested to then have the person charged for trespassing on your property. It is a very serious crime to trespass, that is why most photographers will often stand on the street (public property) and then take the picture of your house. This little bump in the law can mean freedom or jail time for the person taking the picture.

  • Do not approach someone who seems to be taking a picture of your property, besides of it being very creepy it may be that they’re dangerous and they want to draw you out of your house to maybe rob you or kidnap you.

Commercial Use

Here’s where things become a little tricky for people to understand. It is not illegal for a person to take a picture of your property without your consent, right, that’s clear. It is however illegal to then use that picture for commercial use without your consent. This could lead you to filing a lawsuit, which can be filed because the person who took the picture would be using your likeness for commercial purposes without consent or compensation.

  • If you see a picture of your property being used commercially without your consent, you may need to get yourself a lawyer to lead you in the right direction. With the aid of a lawyer, you will most likely be compensated at the end of the trail.

Harassment Or Threats

If you notice the same person photographing your property over and over again they may be lingering or stalking you or somebody else on your property which means it is time to involve the authorities. If you notice the same person taking pictures of your property twice, even when they aren’t trespassing, be sure to let the authorities know because that wouldn’t be normal. Especially if they do not ask for your permission to do so. If the person taking pictures of your property seems to be surveiling your house this can be seen as stalking or harassment. They may also take the picture of your property to then threaten you. In such a case, you should involve the police without question, be sure to do it before things escalate.

More Information About When A Person Takes A Picture Of Your Property Without Your Consent

  • Most people who will take pictures of your property will only save it or use it for themselves to admire it. So if someone is taking a picture of your property it isn’t always a cause for alarm. It is probably just a photographer with no manners.
  • Most professional photographers will seek the consent of the owner of the property they would like to take a picture of and they may even offer compensation for your troubles.
  • Only when the person taking the picture is on your property without your permission can you start calling the police. However not everybody out there is a weirdo who wants to hurt you, so talk to the person (if you feel it’s safe to do so) and let them know you’re not comfortable with them taking any pictures of your property. Most will respect your request enough to delete the picture right in front of you.

Conclusion

Sometimes the law works in our favor, this is law that is put in place in certain areas and makes us us feel safer and comfortable, whilst some do not or are completely ignored. You have rights as a private land owner, but your rights very much end at the edge of your property lines. It is tough to imagine all the people around the world who may use the picture of your property in a malicious way (because it is very likely to happen.) So it would be best not to think about it. If the picture of your property is used for something bad then you can have it taken down whatever platform it is being shared on, all you have to do is report it to the support and you can be sure the picture of your property isn’t used again.