Hassled by Property Agent

I went out to take some pictures with a friend and there's an abandoned property that has an old house and some dead trees that tends to draw my interest. We drove past it and I thought it was a good place to take some photos.

Now, I know it is private property . . . hence the fence. However, there's a gate that you can walk through and we did. We were just scouting the place out when a car pulled up and started taking down my license plate number and so I walked from around the back of the house and greeted them.

He said, "That's a nice house isn't it". And I replied, "Yes, that's why I'd like to use it to take some photos. That's all".

The next thing I know I'm getting the rundown and he's asking for my license, my registration, and that he can have me arrested for criminal trespass.

I politely declined giving him my identification as he's not a police officer and merely a property agent. I politely told him that we were sorry, we didn't see the no-trespassing sign, and that we would be on our way.

He said, "No, I will keep you here until the police arrive and you can be arrested so please give me your ID."

That's when I realized that I had forgotten my wallet (I only live 5 minutes from the place and it's out in the boonies).

I finally relented and gave him my registration information in lue of not having my wallet and my friend obliged too. He said he was going to report it and to expect a $350 fine.

As we were driving away (my friend drove since I didn't have my wallet) I had him stop and I called the sheriff's department. I explained the situation and the deputy said that all he would do in the situation is come out and see what the problem was and as long as we said, "Sorry, we'll be on our way" they wouldn't do anything.

So now I'm worried about Agent Cop having my registration information, my friends DL information and then reporting that to whomever he needs to and being "prosecuted".

I was fairly certain that I didn't need to give him any information at all and to just get in my car and leave. If an officer asked for my information I would have given it to him just because we did, ignorantly, trespass (the signage that the guy has on the place was pretty poor. Just one small sign on a post away from any entrance to the place).

At any rate . . . just writing out of frustration with my encounter. The guy definitely had a "I'm the LAW" complex. He wasn't terrible but spoke matter of fact. I could be off on my assessment of what I could or could not give him. Anyone else had similar encounters?

The house (not my image):
http://farm5.staticfli​ckr.com …93741656_c066a9​8436_z.jpg

If you were on private property then you were trespassing period. End of story. The fine would be if police were involved and they were to press charges. But they were just doing their jobs keeping people off the property.

Oh, I understand that. It was trespassing. . .I'm not arguing that. However, I'm not obligated to give joe schmoe from wherever my identification. I was more than willing for him to call the police but he had a bunch of talk about detaining me and keeping me there until police came and blah blah blah and lots of other "I know everything there is to know and I will have you arrested if you do not comply."

We didn't damage anything or cause too much trouble (except for questioning why he needed all our identification).

I can totally relate and in my case I try to ask for permission but I more often than not I end up asking for forgiveness instead.

You were right in not having to provide anything to them as a private party(property owner or not). I generally would have just left instead of getting into a confrontation. Let them track me down after the fact if there is indeed an issue.

Anyways, really love the shot and I can certainly see why you're drawn to it. - I would be too!

Yes nice shot and I agree with Todd you didn't need to provide anything but they could have called the cops and you were trespassing.

Why didn't you just leave without giving him any information?

Maybe you can go back there again sometime, but do so in a way that would make it nearly impossible for him to "catch" you - such as having a friend drop you off. That way, there's no car to alert him to your presence, and no license plate for him to trace you by. That house is worth photographing, period!

It probably would have been better not to have given him any of your personal information. I assume he now knows where you live (from your registration).

There are a lot of nuts out there. On the other hand, it is not impossible that had you refused, he could have become more agitated and done something worse. Not the greatest of situations, for sure.

That said, awesome shot. If it isn't yours, whose is it? Your friend's?

In the US there is a huge difference between civil trespass and criminal trespass. Since you don't mention your location I won't go into details, but if this becomes anything, have your lawyer explain it.

Most likely nothing will become of this, unless you get caught again on the same property and the guy shows the police your info to prove this isn't the first time he ran you off. The first time, you can claim ignorance and you didn't see the sign. The second time you won't have any excuse.

If he is the property manager he does have the right to detain you for trespassing but he needs to release you to the custody of the police if he does.
Next time either get permission, or you'll need to be more discreet. Its a very common issue with urban exploration

Well, it was all wrong to start with. You were somewhere you was not supposed to be as you well know. Not sure about in your area but in mine we have a citizen's arrest law where you can be detained by regular citizens. However in these day and age, no one does it for fear of getting shot.....LOL

Next time would be wise to go to a neighbors house and try to find the owner first. Probably would have ended a whole bunch differently

I would of asked for his credentials as for asking you to share your identity. If he had nothing to do with the property or the law, I'd of told him to get lost and I would have followed my own advice myself.

I would have told him to go pound sand on asking for my ID. He's a property manager not a cop. I then would have got in my car and left. Done. Guy sounds like a real piece of work.

That picture is not mine above. It's just one I looked up on google.

I'm in Oregon if you want to look it up. It's a bit tricky when it comes to detainment and I believe that he would be in his right to try and do it because he saw a "crime being committed".

I asked him if he had any background in law and he said he was a state police officer. It seemed like he had a huge chip on his shoulder. All I did was ask him questions as much as he asked me questions.

I've since contacted another photographer in my area that I know has shot pictures there before. I believe he had permission to since he was taking photos of a band. I'll try to get ahold of the property owner and apologize and let them know I was just driving by, didn't see a "no trespassing" sign and will let people know about it if they talk about that property (as I live 5 min from it).

What's ironic/funny is that I did pull into another place that did have a visible "No trespassing" sign and told my friend, "Well, this wasn't here before but I won't risk having a problem" and then, boom . . . ran into one at the next property.

::EDIT::

Wonderful. Here's what I got from a photographer in the area that has used the house in quite a few of his photos:

Forget about it, probably nothing will happen.

Wait a minute. I admit I'm not entirely certain, but I believe some of you have gotten carried away. BTW - this post is about trespassing on private property and not about taking photos of private property.

For instance, someone uses my lawn as a shortcut to their destination. Is that criminal trespassing? I bet most of you would say, "Yes". Actually, it's not that certain. What about the kid retrieving his football? Intention, my friends.

If I have easily visible and clearly worded signage, now it's criminal trespassing.
If I have told this person not to enter my property, then the next time he / she does, it is criminal trespassing.

I find someone standing in my yard. He claims he's admiring my garden. (This is a similar situation to the OP's). Yes, he MAY be trespassing, but again, at this point, he is not criminally trespassing and cannot be legally detained by anyone other than an LEO unless the above points have been met.

OP - I believe you had no obligation to the agent (you did not commit a crime simply by walking on private property) and were free to go once he 'gave notice' to you.

That's my story and I'm sticking to it.