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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102523
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Can My neighbor video and record activity in my enclosed

Customer Question

Can My neighbor video and record activity in my enclosed area/space that is not visible to the general public of back yard where my children are playing.
JA: Where is the property located?
Customer: Lanham md.
JA: Has any paperwork been filed?
Customer: No paper work has been filed emailed sent to president of HOA
JA: Anything else you want the lawyer to know before I connect you?
Customer: NO
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Ely replied 11 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Likely not.

Criminally, it is a misdemeanor to use a hidden camera in a bathroom, dressing room or any area where it would be reasonable to believe the person would not be visible to the public. Md. Crim. Law §§ 3-901, -02. This means that if he is sticking the camera into a hole in the fence, or, is taping over a wall that is meant to block someone from seeing by using some kind of a ladder, etc, then this may be seen as a criminal offence. Violators of the hidden camera law can face misdemeanor charges with penalties that include up to one year in jail and a $2,500 fine. Md. Crim. Law §§ 3-901, -902, -903.

Civilly, he can be sued for invasion of privacy - intrusion on solitude. This means intruding upon another's solitude or private affairs, physically or otherwise, is subject to liability if this intrusion would be considered highly offensive to a reasonable person. Aside from punitive damages and legal fees, an injunction can be ordered by the Court against him.

But this all depends on the method and the situation. If there is no wall or fence, and he is simply pointing a video toward the yard of your home, this would likely not be actionable. However if he is going out of his way to overcome a wall/fence to tape, thus intruding on what someone in your situation would otherwise reasonable expect to be a private area - this is actionable.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 10 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!