Law on photographing from window or property

Xeorix

Hi All,

There is some development going on on some land near our house, and we have received a letter saying if we continue to block access by parking on the street they'll take us to court.

Ironically, we've regularly noticed that the developers are parking ours and our neighbours gardens whilst they are out. Not our drives, on the grass front gardens so they don't block access to their site!

Now, I've got CCTV that I need to install however in the mean time (and for the CCTV) I was wondering what the law on cameras were.
Am I allowed to legally take a photo out of my window, that shows contractors parking on neighbours gardens or is it against the law (or do I simply need my neighbours permission)?

The same applies to CCTV, can it be located on my property and capture imagery from the rest of the estate, or can it point only on my property unless I get permission from other street residents?

lemontart

no law of taking pictures of your property at all as far as I know,

cono1717

You are only required to ask permission where there is a reasonable expectation of privacy, for example you couldn't just walk into a home and start taking pictures without someones permission as it's reasonable to assume that the people in there want their privacy.

On a public street however, where anyone can see your actions there is no expectation of privacy so you can film or have CCTV cameras.

Xeorix

Excellent. Thanks all, time to get the CCTV up!

m0bov

If they are being cheeky and actually parking on your front garden, then either block them in, put a chain across your garden, let the tyres down/nails etc..

Undervalued

cono1717 wrote: »

You are only required to ask permission where there is a reasonable expectation of privacy, for example you couldn't just walk into a home and start taking pictures without someones permission as it's reasonable to assume that the people in there want their privacy.

On a public street however, where anyone can see your actions there is no expectation of privacy so you can film or have CCTV cameras.

Yes indeed.

The general principle in English law is that if you are in a public place you can take a photograph of anything or anybody you can see from from there. The same applies to anything you can see from your own property. The only exceptions would if the photograph contravened the Official Secrets Act or was somehow indecent. So you are not committing any crime by taking the photographs.

The "reasonable expectation of privacy" mentioned above is a civil matter. Under some circumstances, by using the ever evolving judge made privacy "laws", a person who appears in such a photograph may be able to limit what you can do with the photograph. This is complex but keep in mind the vast majority of photographs you see in every newspaper are taken without the subject's permission but are still able to be widely published.

So yes, take the photographs. The very worst that could happen is a restriction on what you could then do with them but, realistically, that is unlikely.

hollydays

Have you asked advice from the police as to whether this constitutes obstruction ( what they are saying is obstruction) ? End of dispute.
Are the gardens owned by the neighbours or is this council owned verges?
Can you explain what they are saying they can't achieve by your parking?
These parking disputes can get very heated and childish.

Undervalued

m0bov wrote: »

If they are being cheeky and actually parking on your front garden, then either block them in, put a chain across your garden, let the tyres down/nails etc..

Either would be a criminal offence!

Two wrongs do not make a right!

m0bov

Yes, but sometimes if you play by the rules people will walk (or park) all over you.

Undervalued

hollydays wrote: »

Just ask advice from the police as to whether this constitutes obstruction ( what they are saying is obstruction)End of dispute.
Are the gardens owned by the neighbours or is this council owned verges?

Just because a road doesn't have any parking restrictions doesn't mean you can park in such a way as to obstruct the flow of traffic.

This is one of these area where it is very difficult normally to get any action taken (if you are the one suffering). However, although it may be perfectly legal to park on either side of a road, if two cars park opposite to each other and the resulting gap is too narrow the second person to park has committed an offence.

hollydays

Undervalued wrote: »

Just because a road doesn't have any parking restrictions doesn't mean you can park in such a way as to obstruct the flow of traffic.

This is one of these area where it is very difficult normally to get any action taken (if you are the one suffering). However, although it may be perfectly legal to park on either side of a road, if two cars park opposite to each other and the resulting gap is too narrow the second person to park has committed an offence.

If you look you will see I already edited my post to add some more points.