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Photographing private property

Discussion in 'The Lounge' started by ChrisNewman, Nov 2, 2020.

  1. ChrisNewman

    ChrisNewman Well-Known Member

    Today’s afternoon walk took me along a local bridleway between horse paddocks, when I noticed a pair of Egyptian geese walking across the paddocks. I don’t recall seeing them in our local countryside before, so I switched to my telephoto lens. But the geese were walking further from me, and in shade, so I hung around to see if they would continue into the sun, which they did. I then noticed a woman beyond leading a horse towards us, so I hoped they might cause the geese to move closer to me. She didn’t affect the geese, but I realized she was shouting at me. When she got within range she said it was private property, so I wasn’t allowed to take photographs. I replied I was on a public right of way, and was allowed to take photographs from there. She disagreed, and after a couple more exchanges I told her to go and look it up. I then left because I wasn’t likely to get a better photo of the geese.

    Continuing my walk, I wondered where in England it would be straightforward for landscape photographers if we weren’t allowed to include any private property in our shots!

  2. steveandthedogs

    steveandthedogs Well-Known Member

    I think it's a case of photographing on private property. A right of way is not public property
    If you were standing on a road, you could take pics of her property without problem.

    EightBitTony likes this.
  3. Geren

    Geren Well-Known Member

    My very scant reading of the topic reveals that bridleways can be public or permissive. This link explains the difference. Perhaps photography is allowed from a public bridleway but is at the discretion of the landowner if it's 'only' permissive?
  4. Danno

    Danno Active Member

    Sounds like you got into an unnecessary confrontation.
  5. Geren

    Geren Well-Known Member

  6. Mark101

    Mark101 Well-Known Member

    Personally I would have said thank you and continued on my way, Some people have little else to worry about.
    Danno likes this.
  7. John Farrell

    John Farrell Well-Known Member

    Many people would have videoed this, and loaded the file on youtube...
  8. AGW

    AGW Well-Known Member

    England..... get youself some decent access legislation....get some rights.

    daft_biker likes this.
  9. Learning

    Learning Ethelred the Ill-Named

    For these purposes a road, bridle way or footpath are no different. provided they are public rights of way. You were in the right.
    Some public rights of way go through farm yards or even gardens. In such cases, whatever my rights, I would respect the privacy of the property owner or tennent.
    CollieSlave and ChrisNewman like this.
  10. Bazarchie

    Bazarchie Well-Known Member

    This to me is the key point.
    Danno likes this.
  11. Learning

    Learning Ethelred the Ill-Named

    and some people would send up a drone to look through the windows.
    It would be a public service if all those people with shotguns shot drones instead of clay saucers or game birds.
    up to a point. I do like cheap winter pheasant.
  12. steveandthedogs

    steveandthedogs Well-Known Member

    No, bridleways and public paths across private property are still private property. The land the path is on is owned by the landowner. You may be done for trespass or nuisance. You have right to cross it, that is all.
    Read Kath's link above.


    ps Kath - does that apply to Scotland?
  13. IvorETower

    IvorETower Little Buttercup

    Yup, that would be my understanding too. No "snooping" by using long lenses to nose inside a window etc.... but then that would probably be unacceptable (if not illegal) from public property too.
    It's interesting that Google streetview does not include private roads in the UK, they've chosen not to drive onto private property even if you can generally see what's there from Google Earth !
  14. Bazarchie

    Bazarchie Well-Known Member

    That is not my understanding:

    Generally you have the right to photograph anywhere that is public property, including public roads, footpaths, rights of way and between high and low tide at least if not the entire beach areas throughout the UK. Generally no person has the right of privacy of themselves or their property photographed from such a place.
  15. steveandthedogs

    steveandthedogs Well-Known Member

    A right of way is not public property if it is across private land. It is a right to cross that land using only the designated route.

    Learning likes this.
  16. Geren

    Geren Well-Known Member

    I am honestly not sure because it's not something I've ever had cause to worry about before! More investigations required!
  17. Geren

    Geren Well-Known Member

    The first post I found when I started googling used 'your' instead of 'you're' three times in a row so I'm taking their info with a pinch of salt.
    EightBitTony likes this.
  18. Geren

    Geren Well-Known Member

    In Scotland, our 'right to roam' is laid out in the the Outdoor Access Code and the Land Reform (Scotland) Act 2003. Interestingly I can't find anything that relates to photography in either.
  19. PeteRob

    PeteRob Well-Known Member

    There’s probably a distinction between a public footpath and a permissive path. I’m not going to look.
  20. Bazarchie

    Bazarchie Well-Known Member

    I disagree, but will leave it there.
    Learning likes this.

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