Ask a Lawyer and Get Answers to Your Legal Questions
Thank you for using JustAnswer!
Can you clarify if the neighbor actually went onto your property?
No, but there was no way he could have taped my dog without him leaning over our fence. We live in a subdivision where the houses are close in proximity of each other. The fences are low.
If he stayed off your property and really video recorded/zoomed otherwise is fine. It's legal.
If you had informed him that he could not come onto your physical property and he did it anyway, then he could be charged with trepsassing.
So it is legal for me to lean over someone's wall and tape what ever goes on in their backyard?
Yes, it can be.
You can stay on your property and record onto your neighbor's outside property. That doesn't violate the law.
Happens more often than you can imagine.
My neighbor did not record outside our property. He placed the cell phone or video recorder over our fence to tape our dog. How is that legal?
Because there's nothing that makes it illegal.
Areas outside of your home are not legally private.
If he had taped inside of your home, that could be a different issue.
Okay. That's unfortunate. I thought that the area inside someone's fence is private property.
It is not.
I know that the challenges of a barking dog are very trying.
Your neighbor would probably want to spend his time differently, too.
Hopefully, with some additional training, your dog's behavior will improve and so will the relations with the neighbor.
Good luck and best wishes for better days ahead. I hope that you find this information to be helpful and this answer to be ACCEPTable!
I have never spoken with this neighbor. Unfortunately, we have tried bark collars and behavior modification, at $80 per session, neither has worked. We probably end up taking our dog to the pound which will break our hearts. My same neighbor yelled at my 6-year-old for throwing our ball over into our common area on accident. He obviously has no tolerance for dogs or children. Maybe he shouldn't live in a subdivision where every home has a dog and more than one child!
I encourage you to consider working with your local animal society to find someone to adopt the dog before considering the pound route.
It's understandable for the dog to have separation axiety when its person is away for a long time -- perhaps consider boarding the dog somewhere else while away?
Have thought of the boarding possibility. It is just really expensive! Thank you for your time. We have some tough decisions to make:(