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

I'm considering installing a post box at the end of the drive and doing just that now.

@AlanThePig
You’re the boat poster, I hunted that down in a previous thread to show my DD!!
Beautiful garden 😍

Ah OP those pictures are stunning. I'm not surprised that the EA wanted to use them with his own photos. I'm not saying that it is ok to do so but I can definitely see where he is coming from.

I am @Bookworm4
DH still cursing me as he was given that to sail, it needed work though and I theorised he'd be better buying a complete boat and giving me this one 😳

Since we've been here we've worked closely with the local wildlife trust to try and encourage natural species. Unfortunately someone has put goldfish in there which isn't idea but the heron is helping us with that one nicely!

Oh gosh, you just know this is going on right move don’t you? Worded very ambiguously to suggest the pond is a community owned feature.

Do you have the landlord’s number? Send him a text message asking if he has seen anyone suspicious around - that you’re worried because you spotted some suspicious characters taking pictures in your garden and you are worried that they might be burglars casing the joint - because as soon as they noticed that they’d been spotted they left whereas normally if it’s local wildlife photographers or bird spotters they always come and ask permission...

If it is the local estate agent - and they refuse to take the pictures down then I’d sent a repeat request and copy it to local trading standards and any professional bodies they say they have membership of.

And it’s a beautiful spot - I love taking photographs and if I lived there I’d spend way to much time out taking photographs instead of doing the housework!

@MaybeitsMaybelline exactly my concern. A surprising amount of people believe it to be, despite fencing despite signage.

If you look at the sat pic I posted, in the bottom corner of next doors garden is a tiny pond. This is what their EA referred to, yet showed my front garden. I didn't want someone moving in then suddenly deciding to use my land based on an EA description.

We had this, we are next to a canal and the cheeky fuckers selling down the road put my canalside garden in their right move photos. i used to get people calling across from the canal path how much we were selling for.

I called the estate agents up and told them to remove the photo and the woman in the house screamed at me to come to her next if i had a problem with anything. I told her if any other website put photos of my garden up by mistake up i'd go to the website not to her thank you very much.

Luckily they moved far, far away. Nasty pieces.

@wibbletooth unfortunately my friend who lived there before is away at present, but that's an excellent suggestion and I shall see if I can catch her next week.

I do spend more time out there than on housework. Never really had a proper garden until we moved here so I'm loving it at the moment.

@TheAlternativeTentacle I'm sorry this happened to you too. Frustrating isn't it?
Hopefully it was something of nothing, but I just have this feeling...

We had a similar problem, EA photos implied my land was a public amenity, and that my private driveway provided access to the rear of the house for sale. And that local public rights of way could be accessed via my land. Tbf as soon as I contacted the EA they removed all but one harmless photo and changed the wording to reflect the fact it was simply a view.

Alan, that's glorious. If I lived there I'd spend all my time gazing out.

Here's a link to the property ombudsman's site and information about complaints that Agents don't resolve
www.tpos.co.uk/consumers/how-to-make-a-complaint

If your property does appear attached to an advert for a house being marketed, I'd complain to the Agent in writing and say straight out that if they don't remove it and ensure potential purchasers are under no misapprehension, then you will go straight to the Ombudsman and Trading Standards, no messing.

Wow! How absolutely stunning! No wonder you're livid about the intrusion!

Can you install cameras and a security alarm on your gates which will notify you if people enter your garden? Also lots of signs saying 'WARNING: Dogs running free' are very effective. And signs saying 'WARNING: Electric fence'??

I had a garden that was always being broken into and the police suggested putting those up. Wasn't broken to again...

Nothing really helpful to add but that is an utterly stunning garden, op, I can see why you love it so much.

8ft fence electrified needed 😉

Wow I'm not surprised you spend your life out there, I would too!

Also just clocked the neighbours pond in the aerial view lol like comparing a chip to the whole potato!

Well done for protecting and encouraging wildlife here, it's really lovely. I can't believe people put goldfish in, tbh I wouldn't blame you if you said no to the public altogether if that's what people do

I'd suggested an electric fence lol. The kids haven't been as bad this year, they were coming over by the willow tree and scaring the ducks. I've tried to explain why they need to stay out rather than shout and fingers crossed they do seem to have backed off.
The sign at the end on the fence also points out we have CCTV in operation (which we do) so hopefully thats discouraged them,

We've had all sorts. Workmen who settle in with their sandwiches etc, and I don't mind that. They stay at the end of the drive and are respectful.

Not sure who put the goldfish in but I am happy their population is thinning. There is roach, rudd and carp that we know too in there.
The people here before cut the grasses right to the pond edge which affected the insects. We've left a good portion wild and a 6ft wild edge and we've noticed a huge increase in dragonflies, damselflies and moths this year.

DH and I are just preparing our picnic OP - it's a lovely evening.
We'll be over at yours shortly.
Don't worry - we have our own camping chairs!

Wow your pond is amazing! It’s a bit weird if the EA would imply the pond was common land - wouldn’t the misled buyers see the deeds before they bought? I don’t really understand what the benefit would be for them to do this. Very odd on their behalf! If they do put pics of your pond up, there must be some kind of ombudsman you could complain to if they aren’t cooperative in taking them down?

Nothing to add but oh my that is stunning. I am jealous.

If your property does appear attached to an advert for a house being marketed, I'd complain to the Agent in writing and say straight out that if they don't remove it and ensure potential purchasers are under no misapprehension, then you will go straight to the Ombudsman and Trading Standards, no messing.

please don't do this, you will cone across as a little nuts and the EA won't feel threatened!

The ombudsman is there for appeal if you are unhappy with the ea responses to your complaint, which in itself is a two part process. The ombudsman gives out compensation based on inconvenience - so far there hasn't been any.

If it appears on RM - just pick up the phone and have a chat with them, I'm sure they will be fine!!

Your garden is stunning though

Annoyingly, nothing to update. There is nobody at the house and the ducks must think all their Christmases have come because I've walked down the drive under the guise of feeding them about half a dozen times today.
Nothing on Rightmove and no for sale sign yet. We'll see what tomorrow brings but if nothing appears in the next few days I guess I'll just have to put it down to random wildlife photographers who don't have the decency to knock and ask.

@Wingedharpy don't worry, we have a little picnic bench you can use 😂

Well. Many months on, an update.

Just seen a neighbour on the way to the shop who told me that the house I initially thought was going up for sale is actually an airbnb. Got home, had a look and there is the photo, taken from inside my front garden along with a mention in the ad of the 'protected pond'.

Not impressed. Have emailed the owner and asked for it to be removed. It's not public land and they are very much giving the impression it is.

How bloody annoying, well at least you knw they'll be no guests for a while.
If there are I'd be informing the lpolice that there are holiday makers in the house and are traipsing across your garden.
What did the owner say when you contacted them on Airbnb

Well, you say that @Troels but there have been people coming and going there up until last week.
Cant really see it without walking down the drive but there has been people staying there. Appears empty at the moment though.

Have contacted both the owner and airbnb. No reply from owner yet but airbnb are looking into it. Have offered to forward my deeds for proof.

Friend suggested I should have emailed the owner and asked about fishing the pond. Bloody annoyed I sent the email before she said that 😂