Full question:
If a neighbor sets up a camoflaged hunting blind on the edge of your property (Edge of property is loosely defined. On the outside of their fence but probably still within their property) with the sole intent of viewing all angles of your pool (areas not accessible viewed from their house - there could be no other purpose), and then reveals private information about you to others. Does this qualify as a peeping tom case, invasion of privacy or both?
- Category: Real Property
- Subcategory: Neighbor Relations
- Date:
- State: Indiana
Answer:
I am prohibited from giving a legal opinion. It will be a matter of subjective determination for the court, based on all the facts and circumstances involved. The court will be more likely to find "peeping" if it can be shown that there is no legitimate hunting use for the blind. I suggest contacting the local housing department regarding applicable building codes governing the erection of hunting blinds on one's property.
In order to find an invasion of privacy, a person must have a reasonable expectation the private nature of their conduct. Whether a swimming pool qualifies as a place where one may reasonably expect to be safe from surveillance by a neighbor will depend on all the facts involved. In some cases, it has been held that a surveillance camera pointed at a neighbor's house constituted an invasion of privacy where the evidence proved there was no legitimate criminal deterrence motive.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
