What can be done about neighbor who built obstructing fence and video cameras pointing at us?
Full Question:
Answer:
If you have a neighborhood association or cooperative board, any complaints about neighbors may start at that level. If no associations governs the properties, then any complaints about nuisances or privacy issues can be brought at the local government level.
You also have the option of litigation. If a nuisance interferes with another person's quiet or peaceful or pleasant use of his/her property, it may be the basis for a lawsuit for damages and/or an injunction ordering the person or entity causing the nuisance to stop or limit the activity (such as closing down an activity in the evening).
Abatement of a nuisance may involve elimination of a nuisance by removal, repair, rehabilitation or demolition. A continuing encroachment such as a fence on your property is, at common law, not only a trespass but also a private nuisance. An encroachment is considered to be a private nuisance, and the owner of the land may generally have a right to remove it himself. However, if the structure is damaged by removal, you may be liable for such damage.
With regard to the cameras and the issue of privacy, typically, setting up a video monitor is legal unless the cameras represent an unreasonable violation of privacy or the images are being used for commercial purposes without a person's consent. A neighbor has a right to survey his property as long as he does not violate your rights to privacy. If the camera views the outside of your home and garden, it is generally not an invasion of privacy, but if the camera is surveilling the inside of the home, rights to privacy are violated.
The CCRs may regulate the installation of devices that are visible from the street or from a neighbor's property. The CCRs often regulate the installation of satellite dishes and HAM radio antennas, for example. The same CCRs may require a homeowner to obtain HOA permission to install security cameras unless the cameras are unobtrusive. The CCRs should be carefully analyzed to determine if the neighbor complied with CCRs and architectural guidelines before installing the security cameras.
The CCRs may regulate the installation of devices that are visible from the street or from a neighbor's property. The CCRs often regulate the installation of satellite dishes and HAM radio antennas, for example. The same CCRs may require a homeowner to obtain HOA permission to install security cameras unless the cameras are unobtrusive. Any applicable CCRs should be carefully analyzed to determine if you complied with CCRs and architectural guidelines before installing the security cameras.
