Proof of whether land is private
electrotek
Posts: 1
Joined: 2009-02-14
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Proof of whether land is private

Hi.

In shooting both in the UK and elsewhere I've often been stopped, especially when using a tripod.

One of the biggest excuses has been that I am on 'private land' or that it is an area for which a license is needed. In the US this has happened in Union Station (Chicago) and Times Square (yes, Times Square!), amongst other places.

However, how do security guards or otherwise prove I am on private land? This is a particularly pertinent question when I am pretty sure I'm in a public place and I'm just trying to be moved on. Do I have the right to ask them to prove it to me? Do I have the right to call the police and ask? Without signage (and evidence) does a security guard have the right to prohibit me shooting?

I'd like to know when I should stand my ground and when I should walk away. Too often it seems the 'private land' or license excuse is used, with absolutely no evidence as such.

Thanks.


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MHmedia
Posts: 5
Joined: 2009-01-12
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No problems..

I didn't have any trouble at all on Saturday even though I saw a lot of "private proprty" notices in clear view. I basically walked the Thames Path from Southwark to Bermondsey. None of the signs mentioned photography, but they all seem to be saying now that "the landlord has no plans to designate any of the area as part of the public highway". Is this a clever way of saying that the standard excuse of being on the public highway taking pictures is no longer valid? I suspect that yer average security guard would not be in a position to argue the finer points of this if confronted.

Anyway, it looks like we now have to worry about Section 76 instead - I wonder how a police officer  would react if (s)he was asked to move out of shot so that you didn't photograph them?

MHmedia
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Joined: 2009-01-12
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I'll let you know this afternoon

I'm taking my medium-format camera and tripod to London later this morning and will be attempting to take pictures on the Embankment, so as long as I'm not arrested I'll post something to let you know if I get any hassle. The last time I took this kit out I was stopped and searched for half an hour, the Plods in question paying particular interest to the Polaroid back, which they thought was for carrying explosives.

If you're on the Embankment this morning please come over and say hello!

admin
Posts: 166
Joined: 2007-12-19
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It's a mess

Unfortunately, almost all of the UK is in private ownership and it's fairly safe to assume that although the landowner may allow public access, they are within their rights to stipulate no photography. They are also within their rights to be bigoted, irrational idiots.

The only way around this is to shoot from a public right of way. It's not always obvious what is a public RoW, and police are just as likely to get it wrong as anyone else. http://photorights.org/faq/how-can-i-determine-whether-i-am-on-public-or... gives more info.

Photorights admin

Fizzle
Posts: 19
Joined: 2008-07-15
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Public versus Private Land

You could always do a Land Registry search - about £3 I think (UK) Wink

I never take my tripod into city centres now as it's a sure-fire way of attracting attention to myself and I can't stand the hassle anymore. If I need a steady shot/long exposure/auto-bracket I normally prop the camera on a wall or something and do it that way. Photoshop is so sophisticated now it's easy to correct or stitch for panoramas or exposures etc.

I digress - to go to your question directly...is it not the case that where there's massive public walkways or pavements you can bet your bottom dollar it's public anyway. However I have come across some armed american security guards so...you takes your choice and best of luck!

Sorry, not being very helpful. The whole subject of arguing with security guards and risking assault annoys me. My uncle didn't die in the skies over the Sevenoaks Weald in 1942 for the police state to be like this in 2009 did he? He'd be spinning as fast as his prop in his grave now.

Shame on everyone stopping both amateur and professional photography, shame on them.

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