Media Invasion of Your Private Property

[Abraham]

If one were unfortunate enough to draw media attention, what are your choices if they invade your property?

I see "Ambush" style reporting quite frequently, but not to the extent shown in movies. That is, I don't see property invaded.

However, I wonder if an uninvited media type came on my property - what then?

There are those who don't need your permission to come on your property such as surveyors and others, so I wonder if media types have similar exceptions to come onto private property?

Anyone know the particulars?

[WildBill]

IANAL, but it would be trespassing, the same as anybody else.

[Abraham]

As I posted earlier, certain folks don't need your permission to come onto your property.

I would like to know for CERTAIN if any media type can come onto one's property without permission, that is, do they ever fall into the category of say a surveyor, who doesn't your permission to do his work on your property.

MY guess is media types aren't allowed to trespass anymore than most anyone else is either, but I'm guessing...

I'm interested in knowing for certain if they have any exception to come onto private property?

Thanks

[BigDan]

First, do not shoot them for trespassing. (half-joking on this statement) ;-]

Instead, call the Police and have them clear your property for you. They should have enough respect to stay off your lawn and out of your backyard, but we've seen plenty of examples where this isn't the case.

What they really want is some sort of picture of you and/or a statement. What they don't realize (actually, what they don't care about), is that if you talk to them and mention specifics of the situation, you could place yourself in a legal disaster. Maybe if your lawyer drafts a simple statement, it would help to deflate the situation. Just my thoughts.

[amber]

I will call 911 and tell them I have intruders on my property. If the cops aren't there in two minutes I will call back and say the intruders are still there so please SEND HELP NOW!

I will also videotape the trespassers for evidence. If the cops won't arrest the trespassers, some of that video is going on youtube. Free speech works both ways.

[Houston1944]

I think that would be a good time to turn on the sprinkler system. After all we don't want the grass to dry up and die.

I also agree with calling 911 to report intruders.

[Liko81]

If one were unfortunate enough to draw media attention, what are your choices if they invade your property?

I see "Ambush" style reporting quite frequently, but not to the extent shown in movies. That is, I don't see property invaded.

However, I wonder if an uninvited media type came on my property - what then?

There are those who don't need your permission to come on your property such as surveyors and others, so I wonder if media types have similar exceptions to come onto private property?

Anyone know the particulars?

Your property is your own, and in Texas if someone other than an official state agent in course and scope of their duties steps onto your property without your permission, it's trespassing. In addition, if they are not on your property but are blocking your driveway or mailbox, that is also illegal. A press pass does not make a journalist a State official, nor is journalism official State business (as they would vehemently agree). So, if they're on your land and you tell them to make themselves scarce, they have to do so. However, any image of you or your home as viewed from public land is public domain, and where required, sidewalks count as public domain for purposes of access, so in most cases you cannot legally prohibit them standing on the sidewalk and taping a report with your house as the backdrop. You also cannot prevent up-close shots being taken of your as you pull out onto the road, or while walking to your car on a public parking lot.

[big 54r]

Liko81 is right in this regard. The "drive by" media can't come on to your property and if they do it's trespassing and you should call the law while videotaping their every move.

[jimlongley]

Surveyors and others with right of way rights only have them where they are supposed to be as part of their work, right of way does not apply if they are not where they are supposed to be.

I have had a surveyor hauled off my property, the cops were very nice about it and physically pulled him off after he tried to baffle them with some sort of thing about his having a right to be there.

Actually he was surveying for property a few doors down and he indeed had the right to be where ever his job took him, he was just on the wrong property looking for a bench mark that was in the yard across the street.

My last comment to him was that he would do a better job surveying if he would learn to read - the house he was looking for had the same number as mine, and was directly across the street, I lived at 8517 Wildcreek and my neighbor's address was 8517 Valley Falls and the surveyor missed everything but the number, so he started digging around looking for the benchmark, making holes in my yard, and when I confronted him about it he got real snotty with me. Both houses were on corners, so the plats looked similar if held without regard for North. We used to get each other's mail a lot.

The holes he made went unreparied for a little while, until my complaint to the city about the survey company's laxity filtered through the system, and then one day while I was at work they magically got repaired.

I have had similar disputes with the power and gas companies in a couple of places, people forget that right of way has limitations.

I have also, as a fireman, prevented the media from entering active wreck/rescue scenes.

[Lodge2004]

If you ever draw the attention of the media, you will be hard pressed to maintain your composure.

About 25+ years ago, I was assigned as a Survivor Assistance Officer for a family who's children were murdered in Germany. The incident drew the attention of the local press and they swarmed the house. I had to get police assistance to get in and out of the front door. Even pushing them to the curb does not help because they still shut down the street and disrupt the neighborhood.

Heartless robots trying to get a scoop. They feed off tragedy and negative emotions and are elated if you let down your guard.

[mr surveyor]

Surveyors and others with right of way rights only have them where they are supposed to be as part of their work, right of way does not apply if they are not where they are supposed to be.

I have had a surveyor hauled off my property, the cops were very nice about it and physically pulled him off after he tried to baffle them with some sort of thing about his having a right to be there.

Actually he was surveying for property a few doors down and he indeed had the right to be where ever his job took him, he was just on the wrong property looking for a bench mark that was in the yard across the street.

My last comment to him was that he would do a better job surveying if he would learn to read - the house he was looking for had the same number as mine, and was directly across the street, I lived at 8517 Wildcreek and my neighbor's address was 8517 Valley Falls and the surveyor missed everything but the number, so he started digging around looking for the benchmark, making holes in my yard, and when I confronted him about it he got real snotty with me. Both houses were on corners, so the plats looked similar if held without regard for North. We used to get each other's mail a lot.

The holes he made went unreparied for a little while, until my complaint to the city about the survey company's laxity filtered through the system, and then one day while I was at work they magically got repaired.

I have had similar disputes with the power and gas companies in a couple of places, people forget that right of way has limitations.

I have also, as a fireman, prevented the media from entering active wreck/rescue scenes.

unfortunately, in Texas, surveyors do NOT have the right of tresspass, although it is understood that as long as the surveyor is within a reasonable distance of the property line being recovered he is not subject to arrrest for tresspass. The surveyor does have to consider the adjacent landowner's wishes if he (the surveyor) is requested to leave. The problem then becomes one of discerning the boundary line in the event of no line of occupation.

It is customary for surveyors to cover a lot of ground in all directions when trying to re-establish boundaries of tracts in which all, or most of the monumentation has been destroyed. Many folks think surveyors have some magical power to "steal their land", or some evil initent to move lines and or corners. WRONG! Surveyors have an obligation to serve the public, whether it appears to benefit their immediate client, or the adjoining land owner. Admittedly, there are a handfull of rotten apples in the barrel, but no different that the legal profession, medical profession, or any others. For the most part, surveyors all have the same goal, that of properly analyzing the record information for all tracts affected by their work, and placing the corners and lines on the ground that best represent the intent of the record documents.

Yes, surveyors often stray on to other tracts (or lots in subdivisions as it would appear in Mr. Longley's case) in search of evidence to reconstruct boundaries. In the case of residential subdivisions it is extremely common for surveyors to reconstruct entire blocks in order to prorate for corners on interior lots. Unfortunately, some do not make as great an attempt to explain their situation, or clean up after having made their measurements (often several hours after exposing the stake/monument)

I won't detail how I have handled my last 25 years as a Registered Professional Land Surveyor, nor can I speak for my peers, but I think the situation that Jim described is way out of the realm of normal.

I wish we did have right of tresspass as do surveyors in a great many states. If so, then proper maintenence of boundaries would be greatly enhanced.

J.D. Billings
Texas RPLS 4133


a.k.a. mr surveyor

[jimlongley]

. . . Yes, surveyors often stray on to other tracts (or lots in subdivisions as it would appear in Mr. Longley's case) in search of evidence to reconstruct boundaries. In the case of residential subdivisions it is extremely common for surveyors to reconstruct entire blocks in order to prorate for corners on interior lots. Unfortunately, some do not make as great an attempt to explain their situation, or clean up after having made their measurements (often several hours after exposing the stake/monument) . . .

I won't detail how I have handled my last 25 years as a Registered Professional Land Surveyor, nor can I speak for my peers, but I think the situation that Jim described is way out of the realm of normal.

I wish we did have right of tresspass as do surveyors in a great many states. If so, then proper maintenence of boundaries would be greatly enhanced.

J.D. Billings
Texas RPLS 4133


a.k.a. mr surveyor

I am sure it was outside the realm of normal, but the surveyor wouldn't take my word for it that he had the wrong 8517, so I called the cops.

This particular surveyor also refused to show me proper ID, he said I had no right to see it, but the cops found out he had left it in his car some distance away and couldn't provide it for them either, until he was escorted to his car.

I don't know how we ended up with two 8517s right across the street, either the builder or the city didn't plan real well, but it also led to some interesting disputes with the assessor's office.

And then there was the time when UPS dropped my shipment of ammo on their front step - all 200 plus pounds of it.

I was a telephone man in upstate NY for a career and we had different right of way rules and regs including unimpeded access that overruled property owners' rights under certain circumstances.

[HankB]

. . . I have had similar disputes with the power and gas companies in a couple of places, people forget that right of way has limitations.

Some years back, a friend of mine arrived home after work to find a BIG phone company cherry-picker truck in his back yard, servicing the phone lines. The regular right-of-way - where some places have alleys - hadn't been maintained, so the guy just drove across his front yard, driveway, alongside his house, and into his back yard, leaving deep ruts. When confronted, he got snotty about having a "right" to be there.

So my buddy just parked his car on his own driveway, alongside the house.

About an hour later, the guy from the phone company knocked on his door and told him to move his (colorful language omitted) car.

He slammed the door in his face.

Police came a while later, and asked him if he'd move his car . . . he politely said "No, officer, my car is legally parked on MY private property. I DON'T have to move it."

To make a long story short, phone company executives got involved, and he got his whole yard re-sodded at phone company expense . . . with a few extras thrown in for his trouble.

The phone company got their truck back. Eventually. (Caveat - it may have been the power company, not the phone company.)

[dukalmighty]

. . . I have had similar disputes with the power and gas companies in a couple of places, people forget that right of way has limitations.

Some years back, a friend of mine arrived home after work to find a BIG phone company cherry-picker truck in his back yard, servicing the phone lines. The regular right-of-way - where some places have alleys - hadn't been maintained, so the guy just drove across his front yard, driveway, alongside his house, and into his back yard, leaving deep ruts. When confronted, he got snotty about having a "right" to be there.

So my buddy just parked his car on his own driveway, alongside the house.

About an hour later, the guy from the phone company knocked on his door and told him to move his (colorful language omitted) car.

He slammed the door in his face.

Police came a while later, and asked him if he'd move his car . . . he politely said "No, officer, my car is legally parked on MY private property. I DON'T have to move it."


To make a long story short, phone company executives got involved, and he got his whole yard re-sodded at phone company expense . . . with a few extras thrown in for his trouble.

The phone company got their truck back. Eventually. (Caveat - it may have been the power company, not the phone company.)

now that there is funny

[nitrogen]

Gotta be careful with this.
In many cases, power/phone companies have an easement to access their equipment on your property.