Abandoned Building...

[Steve5D]

Driving around today, I was in the happening downtown corridor of the thriving metropolis that is Hastings, Florida.

Yes, I'm being sarcastic. There's not a lot going on in Hastings and, along main street, a lot of business are shut down and boarded up.

One building really got my attention. It was some sort of hospital or, perhaps, a Red Cross center (I can see remnants of the red cross on the side of the building). The structure no longer has a roof, and it's wildly overgrown. It looks like a great place to shoot.

It does have, however, a fence surrounding it. The gate in the fence is unlocked, and there are no "NO TRESPASSING" signs. It's just a fence. But I'm a "law & order" guy, and I always err on the side of not having my ass end up in jail.

I have to go back out there tomorrow, and was going to stop and do some shooting of the building. I don't plan on being sneaky and, if I find the gate locked tomorrow, I won't be hopping any fences. Aside from the fact that I fully expect to be questioned by the county Sheriff (there's no shortage of them out there), is there anything else I should be considering here? Is there an implied "NO TRESPASSING" due to a fence being put up around the building?

Thanks...

 

[slow231]

it's easier to ask for forgiveness than permission. you're probably better off not knowing the answer to your "implied trespassing" question. be careful of squatters and unsafe structures.

 

[Dagwood56]

My thought would be, suppose someone locked the gate while you were inside.....

 

[DarkShadow]

No signs and unlocked gates is a green light in my book. Might be a good idea to do a walk through before bringing the gear out just to be on the safe side. Look forward to some pictures, Maybe some ghostly ones.

 

[vintagesnaps]

Is there any way to know who owns the property? It doesn't appear that anyone cares about the building since it's long abandoned, and maybe the land owner has other future plans and would care less if you photograph it in its current condition. Can you shoot thru the open gate? I probably would just take some pictures of what I could see from outside the gate (and take along a telephoto lens which is what I use a lot anyway).

 

[Redeyejedi]

no, no trespassing signs? unlocked gate?
take the .40 and shoot....the camera i mean though....should anything 'threaten you...it's flada...stand your ground law!

 

[robbins.photo]

Driving around today, I was in the happening downtown corridor of the thriving metropolis that is Hastings, Florida.

Yes, I'm being sarcastic. There's not a lot going on in Hastings and, along main street, a lot of business are shut down and boarded up.

One building really got my attention. It was some sort of hospital or, perhaps, a Red Cross center (I can see remnants of the red cross on the side of the building). The structure no longer has a roof, and it's wildly overgrown. It looks like a great place to shoot.

It does have, however, a fence surrounding it. The gate in the fence is unlocked, and there are no "NO TRESPASSING" signs. It's just a fence. But I'm a "law & order" guy, and I always err on the side of not having my ass end up in jail.

I have to go back out there tomorrow, and was going to stop and do some shooting of the building. I don't plan on being sneaky and, if I find the gate locked tomorrow, I won't be hopping any fences. Aside from the fact that I fully expect to be questioned by the county Sheriff (there's no shortage of them out there), is there anything else I should be considering here? Is there an implied "NO TRESPASSING" due to a fence being put up around the building?

Thanks...

Steve, most likely the your county tax assessor will have a website, if you go to the website and put in the address or lot where the building is located it should be able to tell you who the current registered owner of the property is, allowing you to contact them and ask them permission to access the site. Normally if you simply explain to them that you are a photographer and that you'll be more than happy to sign a waiver releasing them of any liability from accidental injury, death, dismemberment, zombie attack, etc then a lot of times they won't have a huge problem with it.

Only problem you might run into if the site is owned by a government entity or agency of some sort, in which case your grandchildrens grandchildren would probably be eligible to get the rejection letter they'll send you after your request goes all the way up and then back down the incredible morass of state and federal agencies.

Unfortunately in Florida if there is a fence and signs are posted then you are considered to be trespassing the moment you step onto the property and can be charged accordingly. Is that likely to happen? Not really, no, but it is a possibility. Now if there was not a fence and no signs posted then you would have to be doing some other form of mischeif before they could charge you with trespass as well - simply being on the property is not enough unless they ask you to leave and you refuse. However if signs are posted and the property has a fence around it your in the wrong and could technically be charged the moment you cross that boundry.

I would imagine thought that most likely the police would simply ask you to leave and as long as you complied they would more than likely not press the issue - but of course you never know.

 

[MiFleur]

I would go, but I tend to be a daredevil! and frankly, it is easier when you are a woman to play innocent. But I would make sure that I do not move anything and I would try to inquire from neighbors if the owners are visiting the property regularly.

 

[minicoop1985]

I've always wanted to so this. It looks like a thrill. There's a few places around here that would be perfect.

I would trust what Robbins said, personally. Seems to make sense.

 

[Steve5D]

Yeah, I never even thought about the tax assessor's office.

Like I said, there are no signs, and the gate is unlocked. I'm not too worried about being threatened. First, I'm 6'2", tippin' in around 265lb, and I can handle myself. Secondly, I'll be armed. Third, the building is, literally, right next to Main Street, and it's going to be broad daylight. It's street, sidewalk, fence, cool abandoned building.

I'll go and check it out...

 

[table1349]

Steve,

Do you self a favor and check the county records, find the owner of the building and get permission. The whole "it's easier to ask forgiveness than permission" concept is nothing more than ignorance and ignorance of the law is no excuse. Also keep in mind the whole "Stand your Ground" concept goes out the window if YOU are the one committing a crime. I would guess that from some of the responses, that if they happen to leave one of their doors unlocked and haven't posted any no trespassing signs, that it would be perfectly OK for someone to just walk on in.

I have found that most time if you have balls to take the trouble to find the owner and ask permission, they will usually grant it. Good luck.

 

[robbins.photo]

Yeah, I never even thought about the tax assessor's office.

Like I said, there are no signs, and the gate is unlocked. I'm not too worried about being threatened. First, I'm 6'2", tippin' in around 265lb, and I can handle myself. Secondly, I'll be armed. Third, the building is, literally, right next to Main Street, and it's going to be broad daylight. It's street, sidewalk, fence, cool abandoned building.

I'll go and check it out...

Ok, maybe I misunderstood.. there are no signs that say "No Trespassing?"

 

[robbins.photo]

Yeah, I never even thought about the tax assessor's office.

Like I said, there are no signs, and the gate is unlocked. I'm not too worried about being threatened. First, I'm 6'2", tippin' in around 265lb, and I can handle myself. Secondly, I'll be armed. Third, the building is, literally, right next to Main Street, and it's going to be broad daylight. It's street, sidewalk, fence, cool abandoned building.

I'll go and check it out...

Just double checked the statute in Florida, Title XLVI 810.09 on Burglary and Trespass - According to statute you can be arrested for trespass without an underlying offense if they have signs posted OR the property is surrounded by a fence, whether or not it is locked is immaterial. So while the police would most likely not chose to arrest and even if they did it's doubtful they would chose to prosecute, under the law it is possible that they could. So I think your best bet to avoid any possible legal entanglements would be to see if you could find the property owner and contact them for permission prior to entry.

 

[Steve5D]

Yeah, I never even thought about the tax assessor's office.

Like I said, there are no signs, and the gate is unlocked. I'm not too worried about being threatened. First, I'm 6'2", tippin' in around 265lb, and I can handle myself. Secondly, I'll be armed. Third, the building is, literally, right next to Main Street, and it's going to be broad daylight. It's street, sidewalk, fence, cool abandoned building.

I'll go and check it out...

Ok, maybe I misunderstood.. there are no signs that say "No Trespassing?"

Correct...

 

[robbins.photo]

Yeah, I never even thought about the tax assessor's office.

Like I said, there are no signs, and the gate is unlocked. I'm not too worried about being threatened. First, I'm 6'2", tippin' in around 265lb, and I can handle myself. Secondly, I'll be armed. Third, the building is, literally, right next to Main Street, and it's going to be broad daylight. It's street, sidewalk, fence, cool abandoned building.

I'll go and check it out...

Ok, maybe I misunderstood.. there are no signs that say "No Trespassing?"

Correct...

Lol.. well in my home state if it isn't marked with a sign then simply being on the property is not enough to get you arrested, you'd have to be doing something else as well or all they could do is ask you to leave. Now if you refused to leave then they could arrest you for trespass. Unfortunately in Florida the statute is worded differently. If they have no trespassing signs, or a fence - then you can be arrested for trespass even if there is no other charge associated with your visit. So yup, afraid your best bet will be to try and track down the owner.