Legal Question in Real Estate Law in California

Re: Photographing and publishing personal property

It really depends on why the photographs are being taken and what they will be used for. The California constitution specifically protects an individual's right to privacy which may protect the owner in most cases. On the other hand, a newspaper might be able to publish the picture in condjunction with a legitimate news story. There may be other legal rights protecting the owner as well.

Re: Photographing and publishing personal property

It is not "illegal" in the strictest sense, in that there is no statute providing for civil or criminal penalties if you take and publish the pictures.

However, this is not to say that you couldn't be held liable for civil damages if sued for some kind of privacy tort.

Usually, winning an invasion-of-privacy type of tort lawsuit requires the plaintiff to plead and prove the following kinds of facts: (1) plaintiff had a right to privacy; (2) defendant invaded that privacy right; (3) the plaintiff suffered damages; (4) the damages were caused by the defendant's invasion of plaintiff's rights; and (5) defendant's conduct was not privileged, e.g., protected free speech relating to a matter of legitimate public interest or concern.

Finally, keep in mind that lots of lawsuits are filed that have little or no merit. The defendant still has to put up a defense, which costs time and money. There is often no way for a successful defendant to recover costs of defense from an unsuccessful tort plaintiff.