question about neighbor setting a camera that looks into my property

[petefig]

Jurisdiction

Massachusetts

I am not sure if this is the right section for this question, but here goes. I have a neighbor whose backyard borders mine. We do not get along and recently we had an issue of which I will not go into. A few days later, I noticed a camera on his shed that was aimed at my backyard. Is this considered an invasion of privacy? Can he do this legally? If so, than I plan on putting in a camera on the side of my garage that will face his backyard. Again, do I have any recourse in this situation? Can I call the cops? I just want to know my options before I do anything.

Thanks

 

[Tax Counsel]

The exact details of your respective properties may matter. As a general rule, though, it is not illegal to photograph anything that you can see from a place you have the right to be, other than photos of things for which privacy is generally expected (e.g. taking a photo of the neighbor getting out the shower with a telephoto lens through his/her window). If the photo might subject the person being photographed to embarrassment or humiliation you'd do well to carefully consider whether that may end up causing you to be sued, perhaps successfully, for violating one of your state's privacy laws. Before you escalate this war with your neighbor, it'd be a really good idea to consult a MA attorney regarding whether there is any legal action you may take about his camera and what risks you run doing the same thing.

Note that if the camera also captures audio federal and state wiretap laws will apply and, again dependent on the facts, might make one or both of you in violation of the law for audio recordings you capture with the camera.

 

[army judge]

Is this considered an invasion of privacy? Can he do this legally? If so, than I plan on putting in a camera on the side of my garage that will face his backyard. Again, do I have any recourse in this situation? Can I call the cops? I just want to know my options before I do anything.

If a person has doubts about doing SOMETHING, it might be best to NOT do that SOMETHING.

As far as a camera that APPEARS to be pointed at your backyard, there's no way to know if the ALLEGED camera is real, or merely a decoy.

Do yourself a big favor, IGNORE the shenanigans, hijinx, and outrageous behaviors of others.

These days, criticizing, arguing, shadowing, or imitating jack balls, can lead to violence. That violence often escalates until SOMEONE is dead.

Think before you shoot your mouth off.

Think about the devastating effect your death will have on your loved ones.

No argument is worth a human being's life.

Forget the legal mumbo jumbo, and consider the pain your demise will cause your loved ones.

That alone should lead you to calm down, avoid argumentative types, and live a long, prosperous life.

Make memories, not enemies.

 

[zddoodah]

I noticed a camera on his shed that was aimed at my backyard. Is this considered an invasion of privacy?

Not in any legal sense.

Can he do this legally?

Yes.

If so, than I plan on putting in a camera on the side of my garage that will face his backyard.

Well...that's not juvenile and silly at all.

Can I call the cops?

You can call anyone you like.

The general rule is that a camera may legally be installed anywhere on one's own property (subject to the caveats that Tax_Counsel mentioned).