The land adjacent to my property is up for sale in Melbourne, VIC.
However, the real estate agents board shows the whole of my property from above.
I am certain they flew a drone as it is very recent and satellite imagery is usually out of date.
What are my rights here as every feature of my house from above, including a messy backyard is up on display.
Real Estate Company Is Showing My Property While Selling Adjacent Land
MakkhiChoos on 16/09/2023 - 18:03
Comments
You have the rights of every other Karen / Ken, to demand satisfaction and vent your rage.
re agents voted scummiest of the scum for most untrustworthy jobs and you are happy with them flying drones near your bedroom room windows?
Who said they were happy?
The OP asked for their rights in regard to a photo taken from a public place.
The name, colour, occupation, star sign and what school they went to in regard to the photographer or whoever requested the shot are among the many many things that have feck all bearing on the answer.
LOL
OP has a point here but - there are rules relating to privacy as well as rules relating to using a drone for commercial purposes. Given OP's post, it would appear that at least the privacy rules have not been followed. The commercial rules probably have been followed, since they're likely outsourcing to a professional drone operator (although then you would expect the third-party to at least try and cover the privacy aspect…)
#IANAL, haven't fully read the linked rulles, yada yada… </disclaimer>
In what way have the privacy rules been breached? The privacy rules relate to images captured of people. There is nothing in these rules to prevent them photographing a building.
Based on my off the cuff recollection many (most?) real estate listings have drone shots that will capture the surrounding properties.
As others have mentioned above, similar photos would already be available via Google Maps amongst many other similar sites.
And this is why I love Ozbargain so much. Keeping it real.
Lol.
My house and about 20acres of land is currently shown in an advert for a neighbouring property.
IDGAFF.
Flying fox?
Yes, it also shows the flying fox of our adjoining properties.
Freddo frog
Yes. They are too good to give away. I keep them all for myself.
final fantasy
fanfiction ?
foot fetish
Might need to work up your backyard a little bit more and request them to retake the drone photo again. Hopefully they might struggle to sell until the next property boom and you can enjoy your peace for a little bit longer.
All I don’t want is another McMansion 🤮.
Head out the front during opens in your stubbies and thongs, that'll see them right! 🪕
How will prospective buyers see your thongs if you're wearing stubbies? ;)
Better still get a manikin and cover all but the lower limbs with a big pile of lawn clippings, just within eyeshot of the tyre kicking visitors.
Set up a camera. Report back with the uploaded content
Better still get a
manikinmankini and cover all but the lower limbs with lawn clippings
i think it is the seller that should be upset - a half-decent graphic media company would have blurred out any surrounding mess to help sell their property
This
True. The property on the other side of the land is much attractive.
You have the right to phone the REA and tell them you are not happy.
I'd be very surprised if they send the boys around. Somehow I don't think they need to.Bikies?
is what it is
Attend an open inspection as a mystery shopper. Listen out for what they say about neighbours - e.g. easy going neighbours or you only have a nut on one side.
It’s just vacant land. Private sale
if the property for sale is a vacant unimproved lot, and yours next door has a house on it, that's unlikely to be confused, but do pay attention to any and all ads to prevent any possible confusion in buyers minds. Also I would call and speak to the listing agent and express your concern that your property is shown, and get confirmation for them that there is no confusion going to happen about which block is for sale
You rights are to lawyer up and sue them like yanks do.
Facts would imply that's the olden days. Guns have replaced lawyers.
What facts?
what guns, we handed them to howard
criminals exempt of course
Write them a nice message on the grass/your backyard/your roof which rhymes with Truck Shoe
Big hard core porn image banner on a tarp on back lawn?
Landing strip for the drone doing the photography?
Maybe just a capital G?
Throw palm fronds over the fence
Google, Apple & Microsoft accept requests for street view images to be obscured but there's is no way to remove aerial/satellite imagery of properties.
mow a nazi symbol on your front lawn
buy next door cheap
store more crap next doorHasn't the government outlawed the display of the peace and prosperity symbol (recently used by the nazi group)?
Drones are cheap now. The place across the road from me is selling and they got my place in it when I hadn’t mown.
It was to show the nature corridor near us.
if they're taking imagery for commercial purposes they need all of the landowner's permissions.
OP might actually have some recourse if it was a drone
Please link the law that states this, I very much doubt this is the case. It’s no more intrusive that google maps.
Is "messy backyard" some sort of code for "sunbathing nude" I wonder? :)
Haha, I truly wouldn’t care if that was the case.
It'll be nearmaps - they have hi res updated imagery.
I've just used Bing bird's eye view for the first time - awesome! BTW OP, there sure is a lot going on there but you do have a big block 😉
He's got a big deck, everyone who's seen it comments on what a huge deck he's got.
show us
I think you might be surprised as to how many different ways your backyard has been photographed. Many shires purchase aerial photographs (stiches together)from contractors every year or 2 to keep track of illegal pools and renovations. Satellite images, google and numerous drone activities private and commercial.
At least they didn't get you on bin day, like Google seems to have done with our house for the last decade or more. Although, some years Google up their game and manage to take pictures on bin day during council clean up week. Every Real Estate Agent's wet dream / worst nightmare. Bins in every shot and piles of rubbish in front of almost every house in the street.
U can request that they blur your block. In fact they probably should have done it from the beginning
Wow. If that’s all you have to worry about in this time. You should count yourself lucky.
Messy backyard has to be code for shows my crops growing or something illegal, no one would care if it was just a messy backyard and a picture of your roof.
Are you nude sunbathing in the photo or do you have a pile of gold on display in your backyard?
If it's satellite (you'd be amazed the definition of a nearmap/metromaps flyover) there's no recourse
If it was a drone (you'll need to prove this) then they would've needed to get your permission prior. If they haven't they could be on the hook for a big fine.I tried to get a survey company to do a high rez imagery of one of my sites via drone, as it was along a railway it would've required some 500+ permissions so the idea was shelved and we just used Nearmaps.
I think you may have been told a few furphys. For aerial stuff you generally only need RePL or ReOC for certain activities outside of CASA limitations but it's pretty rare to have imaging restrictions in Aus. For certain security risks maybe but for civil stuff basically none
You don't own the airspace above your home. There's some grey areas about right to enjoyment (i.e. they can't be flying a drone directly in your vicinity/in your personal backyard bubble at human height) but you don't really have any expectation to privacy from the air. Soz, is what it is.
You could ask them to Photoshop your messy backyard (surprised they didn't already) but I'm guessing you're likely embarrassed enough to not want to have that conversation.
I fly a drone as part of my job and I'm consistently approached by people that think I'm spying on them when I'm hundreds of meters from their property. It's amazing how egocentric some people can be thinking the only reason a drone would be in the air is to spy on their shitty property
What it's referring to doesn't cover a messy backyard or property, it covers if they themselves had been personally photographed which is a different situation. Unless you're referring to a different rule?
Its a private property with people in it, therefore covered under their laws and must be treated as if people are in the yard. Needed to ask for consent prior.
Also see here
@Drakesy: If that were the case, Google Street View nor satellite imagery would be able to operate in Australia. It only matters if a likeness or an identifiable person can be determined, typically a face. That's why whenever there's a person on Street View that's visible enough to be identified they're blurred out
If OP had appeared in the photo they would be required to blur or remove him from the image. Houses and property do not have those rights
@Drakesy: Nowhere in CASA's rules does it say you can't photograph property that isn't yours. It says you can't shoot clearly identifiable people on private property without their permission. This hasn't happened in OP's case as a messy backyard doesn't fall under the Privacy Act
@MindGrenadius: Refer to previous comment
Private property needs to be treated as if someone is outside at all times.@Drakesy: No it doesn't. There is absolutely nowhere that states that and if it did Google Maps nor satellites could operate in Australia. And every single house on Street View would be blurred.
@MindGrenadius: Both of which have in built blurring algorithms which allow it to censor out anything prior to it going public.
Drone operators do not.@Drakesy: A drone operator would only need to censor by blurring a person's likeness or removing them altogether on the very small chance they themselves happen to appear in an image on private property. Which is an incredibly easy task - as someone that does this almost every day.
Being that drone shots are generally wide angle from great heights and distances, people already mostly appear as tiny unrecognisable dots so it's basically irrelevant anyway.
OP or anyone has basically no legal protections against this issue but could ask them to blur it, which they aren't legally obliged to do but should have done in the first place for their vendor given it's messy & takes away from the property they're trying to sell. It's really that simple.
@MindGrenadius: Thank you for the information.
And yes, they should have blurred it. They are selling land and showing features of houses around it.
Wait till you find out about nearmaps and other non google map satellite image sources etc……
You have the right to clean up your backyard if you're embarrassed