Full question:
I have a semi-detached one family home. Recently my neighbor put up a privacy fence between my walkway and his , this is where the homes are attached. The wall has taken the view I had, not only of his front yard, but I can't see across the street down the block, I can only see straight ahead and to my right even the neighbors on the block say its an eye-sore, its splits the block visually in half. I can understand him wanting his privacy, but to tell you the truth I cared less about his home, and this is what tops it all, he has two (2) cameras facing my walkway. I was thinking of getting a petition together and have the neighbors sign it stating the fact that it makes the block look cut off. We did have a situation where i had to file for an order of protection because he was drunk unruly with me because I did not want him to use my backyard where he raised his hands to strike my husband and then proceeded to assault me with a large garbage can, he was arrested he took a plea, maybe he did anger management, plus an order of protection for a year. I don't bother them, they don't bother me but that fence does and those cameras facing our property isn't that invasion of my property. So kindly can you please advise thank you.
- Category: Privacy
- Date:
- State: New York
Answer:
If your neighborhood has an association, start by addressing your concerns there. If not, you can raise complaints about nuisances or privacy issues with local government authorities. Legal action is also an option. If a nuisance disrupts your peaceful enjoyment of your property, you may have grounds for a lawsuit for damages or to seek an injunction to stop the nuisance (e.g., closing down an activity). A continuing encroachment, like a fence on your property, can be considered a trespass and a private nuisance, allowing you to potentially remove it. However, be cautious, as you may be liable for any damage caused during removal.
Regarding the cameras, they are generally legal unless they violate your privacy rights. A neighbor can monitor their property as long as it does not infringe on your privacy. If the cameras only capture views of your home and garden, it usually does not constitute an invasion of privacy. However, if they record inside your home, that would be a violation. Check any applicable Covenants, Conditions, and Restrictions (CCRs) that may regulate camera installations or require HOA permission for visible devices. Understanding these regulations can help you determine if your neighbor complied with them.
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.