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Ask Barrister Your Own Question
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37097
Experience:  16 years real estate, Realtor. Landlord 26 years
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Yes I have a neighbor taking pictures of my backyard and is

Customer Question

Yes I have a neighbor taking pictures of my backyard and is continually harassing me. I have a six foot high privacy fence. I think he took them from his second story window. Is this illegal?
JA: The Real Estate Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No not gonna pursue if he can do legally.
JA: Please tell me everything you can about this issue so the Real Estate Lawyer can help you best. Is there anything else the Real Estate Lawyer should be aware of?
Customer: Not really I once got water on his truck and driveway from a sprinkler watering my lawn. He continues to continually call the cops on me if a car is parked even a foot on the sidewalk. I live in a small HOA but only pay fees for maintenance on general landscaping ogf 300 yearly. I have had a heart transplant and this is starting to affect my health as I feel he is continually watching me and my house. I found out he called my phone and hung up. This he admitted to in a letter. He sent the pictures to the Board of the Homeowners. I constructed an addition and now want to put a pool in as I am in Florida and can not use community pools do to my immune deficiency. He is dong everything he can to block it though I already have approval from the board. He sent the pictures to the board as well and they are not in the least concerned. I believe he is targeting me because I am a single woman. I call it harrassment.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question..I think he took them from his second story window. Is this illegal?.From a purely legal perspective, yes, it is legal. When a person is in their back yard, they are considered in "public" and do not have a "reasonable expectation of privacy". So if someone is in their back yard, then they can be videoed, watched, or photographed legally. If the person was spying on you inside your home, that is different can be considered "peeping", or invasion of privacy, or harassment..That is why the police and news helicopters can legally fly over and take pictures of people in their backyards and other places because you have no reasonable expectation of privacy there...I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience,even when I know the answer doesn’t make the customer happy.....thanksBarrister
Customer: replied 1 year ago.
Doesn't the privacy fence afford me the expectation of privacy?
Expert:  Barrister replied 1 year ago.
Doesn't the privacy fence afford me the expectation of privacy?.No, not from a legal perspective. Calling something a "privacy fence" doesn't give it special rights so as to prevent someone from looking over it if they are on their property or in public as well. Anything that you do on your property outside your actual home is considered "in public" for privacy concerns...thanksBarrister

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