privacy property trespass
Pok&#233;mon Go hot spots and private property
<p>As we all know Pokémon Go is all the rage.
There have been reports that police stations are common hot spots for gyms and collections.  Churches have also been a common hot spot.  I think there is also a story where a man bought an old church and now that is his residence.  Regardless of whether that story is true it made me think:</p>

<p>What is the legality of someone putting a virtual hot spot on your property without permission?  I know we are in uncharted territory, but how would this compare to setting up a contest that would require going on your property without permission? Is it currently legal to say, "Go to person X's house and touch a tree"? If not, does the current law extend to augmented reality?</p>

<p>To me both are attractions which cause a gathering of people.</p>

<blockquote>
  <p>What is the legality of someone putting a virtual hot spot on your property without permission? I know we are in uncharted territory but how would this compare to setting up a contest that would require going on your property without permission? </p>
</blockquote>

<p>The existence of a game does not authorise entrance to private property, barring some agreement with the owner.</p>

<p>That is - if it is trespassing without Pokemon Go (or, for that matter Ingress), then it is trespassing while playing them.</p>

<p>That being said, the creators of the game are free to place their in-game targets anywhere they please, and it is hard to imagine a scenario where they would be liable for their users' actions, unless they have not taken reasonable steps to prevent their users from doing so - Niantic clearly instruct their users to respect the law and also, only require that their users be within a certain distance of these points, not actually be at them.</p>

<blockquote>
  <p>Is it currently legal to say Go to person X house and touch a tree? If not, does the current law extend to augmented reality?</p>
</blockquote>

<p>Nope, unless it can be done without entering private property (which includes the airspace above the property, to some extent). And there are no special cases for augmented reality.</p>

<hr>

<p>Now, there <em>is</em> some possibility that if they create a private nuisance - by being too loud, or by otherwise interfering with the use of the property -  owners of a property could bring a claim in tort against players for doing so - or charges for a public nuisance, when done in a public area.</p>
