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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33759
Experience:  Began practicing law in 1992
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My neighbor has around 15 cameras pointed on s and mostly my

Customer Question

My neighbor has around 15 cameras pointed on his and mostly my property. We had a falling out over a deal that went sower. The detectives and lawyers said he did not have a case against me so he has told me that he is going "to have me removed from the neighborhood".
I have had several arguments with him about having the cameras on my Property, specifically pointed at my front yard, side yard and backyard where he can see my family swimming in our pool. He has directional cameras with audio recording pointed at my front door that can see into my home when my door is open. He also has DOME Cameras that have a 360 view on robotics that can record and listen to my every move.
He continually mumbles obscenities at me to try and get me to react so that he can build a case against me and have me arrested. I called the police once asking if he had a permit and they could do nothing. When I listened to my Association Manager and knocked on his door he called the Police and they gave me a warning and said next time I will go to jail.
So, I am pissed. I build a beautiful new home and my neighbor skips out on his web design Bill in which I created then he tries to sue me for the intellectual property rights and original files without paying me what he agreed to, now he is trying to put me in jail.
My Association is allowing me to put up some black bamboo to cover my pool area but I still feel like I am being watched 24/7 by big brother and it has a really strange feeling to it. My wife and children are my biggest concern as he is watching them too.
What can I do???
Submitted: 2 years ago.
Category: Legal
Expert:  Dwayne B. replied 2 years ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

As a general rule, if the cameras are pointing in a direction and showing things that could be seen from your neighbor while standing on his property or on public property then the cameras are legal. As an example, a camera that was pointed toward your front door and showed what your neighbor could see if he was standing on his front lawn would be completely legal. In contrast, if he mounted a camera on a 60 foot pole that looks over your privacy fence and into your bedroom window, then it would not be legal since you have an expectation of privacy there. Any by legal I don't necessarily mean in a criminal law sense.

Your best course of action at this point is to take photographs showing all of the cameras and make a diagram of where you believe they are pointing and then visit with a local lawyer about filing for a civil injunction against your neighbor. The local lawyer will be familiar with the judge and what they are likely to rule in a case like yours.

Unfortunately, as far as the law is concerned these issues are fairly new and the law isn't settled on what will and will not be allowed yet because the technology moves a lot faster than the law does. However, most people in the legal field agree that at some point the courts are going to start restricting this type of activity.

Customer: replied 2 years ago.
OK great. That is pretty much my intentions. I just didn't know if the cameras with audio were consider wire tapping and I also thought you had to have a sign up stating that you were being video taped? I'm going to counter surveillance this guy so if anything happens I have my side recorded and not his as he can edit out certain points if we have a run in. This really sucks because I don't fear or care about things like this until someone messes with me and my family. Let me ask you this, can he use the arguments we have had against me in court or a criminal case stating that I threatened him which I did not. I just referred to him as a liar and peeping tom.
Expert:  Dwayne B. replied 2 years ago.

No, there's no requirement of a sign if you are videoing from your own residential property. There could be some kind of local ordinance or association rules but nothing state wide or federal.

He can try and use those arguments and the judge may allow them if he offers that as the reason for the videocameras (i.e. I feared for my safety because I was threatened).

The issue that the courts haven't addressed yet is when it crosses the line between a reasonable use of your own property and interfering with another's use of their property. There is a concept of law known as "nuisance" that will kind of fit in with harassment that I think will eventually be used to set a limit on this.

Expert:  Dwayne B. replied 2 years ago.

If your question has been answered completely then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating (of course I’d suggest Excellent!) so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread.

Customer: replied 2 years ago.
OK thank you. This was very helpful.. I will reach out to a local attorney.
Expert:  Dwayne B. replied 2 years ago.

You're welcome. I hope everything works out well.