How far before it becomes trespassing?

[Tintype_18]

There was a discussion on a local forum. Seems a person was discovered setting up a tripod and camera on private property. The property owner asked what they were doing. The reply was taking photos of trees. Property owner was concerned they were taking pictures of their home.

Any community members have direction on this? Thanks.

[A_Random_Dude]

I can only speak for myself, but I always attempt to stay off of private property. Even when I take a camera for a walk through my neighborhood to take pictures of flowers and birds, I try to never take a picture of anything readily identifiable as someone's address, particularly house numbers. I don't like having my own picture taken, so when I shoot, I try my hardest to not get random people in the photos, as I feel this is an invasion of privacy. (Even if many people voluntarily give up their own privacy by posting anything and everything on social media sites.)

It seems that in a case like this, it would make sense to try to get the property owner's permission. Don't know if that's a simplistic view or not.

[normadel]

Was the owner concerned about you being on his property, or just taking pix of his house?

First one is easy....don't go on his property.

Second one....off his property, you can take a picture of his house, but what you are doing with it is the issue. For your own private viewing, who's to know. But if it's for some public use, get permission. And if he asks you not to take pix at all, you should honor his request.

[Tronhard]

This is both a issue of engagement and law.   

Good practice would suggest contacting the owner of the property if they are visible first to explain the purpose, and gaining their engagement and permission, especially if the intent is to actually encroach within their legal boundaries.  However, even if not doing that, making contact and saying things like 'your house has striking architectural value that I would love to capture, I will not identify the location'.  Explain that the intent of the shot, invite the owner to be there, and also offer them a copy of the images.  The hearts and minds approach.

Laws on trespass vary according to where you are.  For example, there a numerous laws in the UK to permit 'Rambling', that is the use of pastoral land to pass through without permission, and often people take photos or videos of the scenery.  Mind you, rocking up to someone's private residence and shooting away in their garden would likely not be covered by that.  Other jurisdictions have much tighter laws.

As @Normandel said, one can avoid trespass by not encroaching on the property and there is likely to be no legal repercussion if the photo is for private use and they are unaware.  Exceptions to that would be areas for military or other security agencies that will likely be watching you and your activities!

It seems to me the best policy is to be proactive and to get the permission of the land-owner.  Treat them with the consideration one would like to receive.

[Tintype_18]

There wasn't anything that the photographer said that related to photographing the person's house. Thanks for sharing your thoughts and experience. I have a book on photographing various places in the USA. Lexington, Kentucky is the center for thoroughbred race horses. Horse farms are world famous with beautiful manicured fields and immaculate buildings. This book did issue a warning: fences and fields are OK but to photograph horses, barns and buildings are not permitted without written permission. It went on to say that some farms host a time to give photographers access to the farm.

[normadel]

Tintype_18  specifically said: "Property owner was concerned they were taking pictures of their home."

[normadel]

Tintype_18  specifically said: "Property owner was concerned they were taking pictures of their home."

[Tronhard]

I gather the original issue was "a person was discovered setting up a tripod and camera on private property". Whether that is to photograph a tree or a house is rather beside the point. They are apparently ON private property and therefore subject to the laws of the local jurisdiction of trespass.  People get territorial of their land - the old adage about a person's home being their castle has a strong basis in human territorial behaviour.

Personally, as I said, I would proactively engage with the owner and bring them into the process to get their permission, or use a longer FL lens and shoot from outside their boundary, which would not break any law as such, but might still elicit a debate as to intent and still avoidable with some tact.

[CameronEdward]

 That’s a tough one. It’s always best to ask permission on private property, even if it’s just for nature shots. A simple heads-up to the owner can help avoid misunderstandings. Thanks for sharing—important reminder for us all!

[Ron888]

Personally i wouldnt cross any obvious property lines.If there's no fence or obvious line i wouldn't feel bad taking some pictures.But i'd be ready to apologize,show the pictures and move on. I mention showing the pictures because that disarms the vast majority of people

[Tintype_18]

The person in question was obviously trespassing as permission to enter wasn't given. Showing the property owner the pictures would disarm any question of the person's house. We have some beautiful trees showing fall colors in our neighborhood. A picture of a tree could be taken without any identifying landmarks to pinpoint the location.