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The short story is that I live in a neighborhood where

Customer Question
The short story is...

The short story is that I live in a neighborhood where everyone is on 5 wooded acres. My neighbor became obsessed about my dogs. She complained about them getting on her property( note her dogs were commonly on mine) so I fenced the entire property. She then called the city about me building a fence without a permit. She was constantly walking my fence line including fenced areas not on her yard. So I let her know that if she continued I would consider harassment charges. So she quit, but now she has a wildlife camera on her land that is approximately 10 feet away from my welded wire fence that is pointed toward my house. Is this legal?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Oklahoma

Lawyer's Assistant: Has any paperwork been filed?

No not yet. I’m trying to avoid escalating. She complained about barking, so I installed anti bark devices and made sure my dogs were indoors. It seems she gets upset even when I try to fix the problem

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She screamed at my friends when they helped me build the fence. Several have witnessed her odd behavior. I had suspected her of harassing my dogs at night to get them barking . A friend and I saw someone at the back fence one night when the dogs were barking, but we couldn’t positively ID her although the person took off toward her property when I saw them. I had suspected her of coming onto my property and entering my home. I believe she had a key from the previous owners so I changed locks and installed cameras

Submitted: 7 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
12/5/2017
Real Estate Lawyer: Dwayne B., Attorney replied 7 months ago
Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Real Estate Lawyer: Dwayne B., Attorney replied 7 months ago

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

While waiting for a response, please do not keep asking questions, such as "Are you there", etc. since that can erase whatever I am writing and also interrupts the thought process. I will be back with you as soon as I can do any research necessary, formulate a response, and type it in.

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Real Estate Lawyer: Dwayne B., Attorney replied 7 months ago

So long as the camera is on her property or on public property and is showing images that could be seen if a person was standing there then the photography is legal. The only exception to this rule is if the activity is happening in a place a "reasonable person would have an expectation of privacy". This is generally understood to mean bathrooms, bedrooms, etc.

It could also, for example, mean an area within a yard covered by a privacy fence and when someone had mounted a camera so high on a pole or a tree that it looked over the privacy fence. It likely wouldn't include a non-privacy fence though (x. a cyclone fence that you could see through).

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Even if you are a subscriber or have a trial membership please leave a 5 Star Positive Rating so that the website knows I have answered your question.

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