Property use by professional photographer

[3Ts]

Your homeowners insurance policy may be a good tool to keep this under control. You may be able to say your policy does not allow commercial use (paid photographer) of the property. It may only allow for those who have YOUR specific permission to be on the property.

Thanks! I will look into that.

No need to "look into that". Nobody needs to know what kind of insurance you have or what it allows. Just tell them that your insurance does not allow it. If you're concerned about technicalities, keep in mind that you still pay a deductible on any claims and that is part of the insurance package. Therefore, if I feel uncomfortable with something, since I have to pay part of the insurance, it is true that "insurance doesn't cover it".

 

[dodge man]

Do you want to have a public park or private property? When you start laying down the “new rules” there will be hurt feelings. This may or may not end in a permanent rift. You are the one that has to decide if it’s worth it. If you do want them to stop taking advantage of your generosity, don’t pull any punches, just put it out there and let the chips fall where they may.

 

[caver]

Back in my caving days we had several landowners that required us to sign a liability release each visit to the cave on their property. It was a form drawn up by a lawyer and may have not been of any use in court but it gave the landowners some piece of mind. Like others in this thread I would say no. For piece of mind I bought a liability policy for my property a few years ago.

 

[George2615]

Paragraph 2 says it all. You gave them permission for their (FAMILY) to use the whole farm. 1) The professional photographer isn't part of the family. 2) You are the owner and anyone allowed on your property has to be approved by you. 3) They can't let kids (NOT FAMILY) come fish on your property.

You need to have a discussion with your in-laws to be more specific about who is and is not allowed on the property. Using your insurance company coverage will be a big help in explaining this to them.

If they gave permission to the photographer it should only pertain to their portion of the land, not on yours.

 

[TimberHole]

1) Tell the photog that the other party does not have the authority to grant that permission and that they are not allowed to use the property.
2) Reiterate to your in-laws what their boundaries and permissions are. Let them know that if they step outside those boundaries again, they will lose all privileges for themselves and their family.

if you do not do these things then you will have lost control over your own property. Simple as that.

 

[newbury]

My in-laws told a professional photographer that they can use my farm as one of their photo shoot locations in return for free pictures of their daughter "for life" whatever that means. It was not cleared with me, just mentioned in passing but not posed as a question. Now, photographer is coming out to scout locations on the property. Anyone have any thoughts or ideas on how to handle this type of arrangement?

Some background: We gave them a parcel of land on our farm to build their house. I told them when we first gave them the land that we are more than happy for their family (including their grown kids and grandkids) to use the whole farm anytime and bring their friends. We would NOT be comfortable with them just allowing others to come out without them to use the property. Then, one day this Spring, they told me they were going to let some kids come fish in the pond that day - not anyone they knew, just kids that looked the property up on Google Earth and knew someone from their church. We have livestock and also lease pasture to cattleman so gates and the animal welfare is an issue. They were not happy they had to then stay with the kids the whole time they fished. It caused frustration on both sides.

We thought we were doing a good thing giving them a place to build out in the country. Now, it's becoming an area of stress for me. This is a little more of a rant than a question but appreciate the forum and any advice from people in this situation and how they share their land with in-laws while maintaining good relationship AND safety/security/peace on the land!

Relatives can be a pain.
You may need to put in writing what can and cannot be done.
They have already traded your farm for a valuable commodity, photography, possibly worth thousands of dollars.

 

[JethroB]

You are in a tough spot as many landowners have had to endure. Wanting to be generous to family or friends meanwhile not being taken advantage of, maintaining peace in the family, limiting liability or damage to your property, etc. The friends of friends thing can quickly get out of hand. I have found that the insurance rationale usually works when telling most people NO or just that I am uncomfortable because someone might get injured or drown. (I still buy an additional umbrella liability policy that helps me sleep better.)

Georgia law does limit your liability somewhat but this does not help you much in this situation. Do note the without charge.

Quote from Georgia DNR website:

To encourage landowners to make their lands available to the public for recreational purposes, including hunting and fishing, Georgia law (OCGA 51-3-20 through 51-3-26) explicitly shields landowners from civil liability for injuries to persons who use their land for recreational purposes without charge unless the landowner willfully or maliciously fails to guard against or warn of a dangerous condition, use, structure, or activity. Landowners will not be liable unless they violate this standard of care. Georgia Courts have interpreted this standard of care as the duty of slight care, which is lower than that of ordinary care.

 

[Rebeldad1]

Learn the word NO.


Mean it and stand by it without wavering.


No means NO.

I would not need an insurance agent to tell me either way. But then again, I would not have ceded room for a house to be built either. There would have been a deed. And a property line ... fenced.

a really big.... no huge second to that!

 

[repete]

No need to "look into that". Nobody needs to know what kind of insurance you have or what it allows. Just tell them that your insurance does not allow it. If you're concerned about technicalities, keep in mind that you still pay a deductible on any claims and that is part of the insurance package. Therefore, if I feel uncomfortable with something, since I have to pay part of the insurance, it is true that "insurance doesn't cover it".

Excellent.

 

[Industrial Toys]

Maybe a T Shirt. My Land, My Choice.