Can an estate agent use photos of my garden?

[AlanThePig]

Tonight I happened to look out of my lounge window to see two men halfway up my drive taking photos. Unfortunately I couldn't just run out and by the time I could they had gone.

I think it was possibly the landlord of the house up the road that is about to come on the market and I think it would likely be an estate agent. My front garden has a large, natural pond in it and I assume he was photographing that to add to the house listing. I have two issues with this..

1. It's my property.
2. The house has no view over my garden at all.

I'm fully expecting to see my garden on rightmove next week, and I will be calling them, but can I insist they remove the photos?

I'm surprised that you recognise the landlord of a nearby house

I'm surprised that you recognise the landlord of a nearby house

I'm not given it's a small cul de sac and he's been working on the house coming and going daily for a month...

Hopeful bump.

Why couldn't you stop them/speak to them? Anyway, that's by the by. If you see photos of your garden being used to advertise this other house then ask the agent to remove them as it's misrepresentation. You can always ask the landlord if he knows who the men were?

I can't help thinking there's probably another explanation.

@wowfudge valid reasons why I couldn't run down there, too long to get in to.

I can't help thinking there's probably another explanation

I'm jumping straight to that conclusion as it's actually happened before, about a year ago. That time it was fully misleading as the house description read like our garden was part of it. The EA was difficult to say the least about the removal of the photo and it took a few days of complaints to get there, hence really wanting to know what rights I have.

I'm hoping to catch the landlord today, I'm only assuming it was him as it was a distance away but it resembled the man I'd seen coming and going. A friend lived in that house before and when she was given notice over the summer she'd told me the landlord was selling up which is how I know it's about to come on to the market.

I have no objections to people photographing my pond. It's a stunning feature with Kingfishers, ducks and an abundance of wildlife. But as you need to come on to my property to do it I'd like to be asked.

How very odd.
I know nothing but, are you sure "your garden" is your garden and not some common land that was nabbed by a previous occupant of your house?
It seems strange that it has happened before.
I can't see how this would benefit anyone really.
If you turn up to view a house expecting to see a replica of the hanging gardens of Babylon as per estate agent pics, and it turns out to be paving slabs and a dead pot plant, viewers will be mightily disappointed and highly unlikely to buy.

Yes @Wingedharpy my land, on my deeds and fenced within my boundary.

Very basically it's a natural pond, about 140ft x 120ft. Been here hundreds of years on farmland. When the small cul de sac was built the pond was given over to one house as the local wildlife trust theorised it would be better maintained that way. It was given to our property.

We've had a few CF's decide it's a public area, try and fish, settle in with tea and sandwiches etc. There are signs stating it's private property and no mistaking really that it's our garden.

The house to the side of us had a photo of it from the front, with our house in it as well. The description states 'pond in garden'. Well they did have a pond but it was a tiny wildlife pond but the impression it gave was my frontage was part of their house.

I really don't want more people confused thinking that this is public land because frankly I'm sick of turfing out CF's.

I shall need to NC after this, but If this helps, the red dot is where the CF's were stood taking photos. It's also easier to envisage what I'm talking about.

I am not much help, but I just wanted to say how fantastic that pond is. It must be amazing for the wildlife

Has your property got a clear fence around it to stop people entering to get to the pond?

What if someone got in and drowned?

OOh can you swim in it OP? Must've been tough if you had young kids.

Is there an obvious entry point where you can install gates to stop trespassing?

I can see why estate agents want to give the impression that your pond is a "local amenity", it's lovely

You can insist they take the photo down as it does not belong to the house in question. Is it possible and affordable for you to put a gate across the end of your drive? You shouldn't have to obviously but some people are rude and entitled.

To the pp if someone got in and drowned that wouldn't be the op fault as she does have a private property sign. It really is time for people to take responsibility for their own actions.

Maybe gates on your driveway?

It does look, on initial view, that your drive is more of a bit of road to your house rather than a private drive.

Talk to the person you think it was (the landlord of the other place)
If they are including the pic of your private land in their listing, then they're misrepresenting what is for sale (as your land/pond etc. isn't included)

Wow that is stunning!

I think as others have said it may be time for gates to be erected. Although you shouldn't have to, it's a right piss take that people feel they can come and essentially sit in your garden without asking whilst you pay out for all the upkeep!

As for the estate agents I would definitely call to complain if this is featured on rightmove, also complain to them that the EA is misrepresenting properties. I mean we've all been in houses where the camera has been stuck to the wall to make something look bigger and better, but this is something else!

Would love to see more photos as I'm sure others would too, what a beautiful place to live!

Estate agents are governed by trading standards, so false/misleading advertising is a big no - the same as in other businesses and retail shops.

Therefore I would imagine it was accidental, as no estate agent wants to be fined and taken to court.

If you see they have used it just call and explain it belongs to you - they probably didn't realise it was private property. Some estate agents use contracted photographers who cover a wide area so no necessarily local and would know that info.

Good luck!

You’re assuming they were estate agents, but you don’t actually know that they were, so there’s no point worrying that your garden is going to be on Rightmove!

Re drowning. Property is fully fenced and has signs. We are planting a hawthorne hedge by the fence next year to deter those who climb over anyway. We also have a life rope rescue thing in the hallway just on the offence, but there is only DH and I with our DC's grown and no GC's so no kids here to worry about.

There are actually double gates (they were open when the sat image was taken so can't be seen), and they were closed! The opened them and carried on. I've spoken to my neighbour who confirmed they came from the direction of landlords house. He thought I'd given them permission they were so brazen.

I don't know for certain this was the EA no, but balance of probability it was. Unfortunately it looks like the landlord isn't about, I've been down the drive a few times and no sign today so I think I'm waiting now until it appears on right move.

Therefore I would imagine it was accidental, as no estate agent wants to be fined and taken to court

I suspect, judging by how the guy who I think is the landlord, led the way pointing etc it was him leading the photographer to include this. Hopefully someone back at the office will realise.

As I say I have no objections to hobby photographers shooting the area, but please knock on and ask me, it's only polite.

On the offence = off chance.

Sounds securely fenced in.

I would make sure the gates are permanently locked so nobody can just get in.

Opening your gates, by passing private signs is one huge CF. I’d definitely have a word with him.

Few pics for those interested, a very grainy pic of our kingfisher. These are looking out from the front door.
It is a lovely spot and I'm very protective of our wildlife, we have newts, bats, water voles etc I spend my life in the garden lol