Video

[hendo2010]

What is the name of your state (only U.S. law)? Ca

Have ben in a stupid fued with the neighbors for some time now long story, I was just wondering what the deal is on them always video taping me when I am outside Is it ok to do so ?? I find it to be an invasion of privacy and harrasing, but I guess I should get use to it these are the neighbors who call the sheriff and complain when I water my lawn .

[quincy]

Under some circumstances it is illegal to videotape someone without their consent, but the illegality comes generally when the videotaping is done surreptitiously or in an area where the person videotaped has a reasonable expectation of privacy or when the videotape is published without consent or signed release.

If you were outside your home and within easy view of the neighbor (the public), then you should have no expectation of privacy. The videotaping of someone in plain view to the public would be legal.

HOWEVER, if there is AUDIO with the video, then it would be ILLEGAL to tape and record without your consent. The audio portion of the video would violate California's Penal Code §632. And, if a private conversation is audiotaped, it also violates California's Privacy Act.

Other possible illegalities could occur if the video camera and/or the neighbor/photographer crosses over your property line and onto your private property to videotape. This could be considered trespassing. If the neighbor's videotaping interferes with your reasonable use and enjoyment of your property, this could violate California's Nuisance Law (Cal Civil Code §3479).

If the videotaping continues, you may want to consider contacting an attorney in your area and having him send the neighbor a cease-and-desist letter, advising the neighbor of the legal actions that could be pursued against him if he does not stop videotaping you.

[hendo2010]

Originally Posted by quincy

Under some circumstances it is illegal to videotape someone without their consent, but the illegality comes generally when the videotaping is done surreptitiously or in an area where the person videotaped has a reasonable expectation of privacy or when the videotape is published without consent or signed release.

If you were outside your home and within easy view of the neighbor (the public), then you should have no expectation of privacy. The videotaping of someone in plain view to the public would be legal.

HOWEVER, if there is AUDIO with the video, then it would be ILLEGAL to tape and record without your consent. The audio portion of the video would violate California's Penal Code §632. And, if a private conversation is audiotaped, it also violates California's Privacy Act.

Other possible illegalities could occur if the video camera and/or the neighbor/photographer crosses over your property line and onto your private property to videotape. This could be considered trespassing. If the neighbor's videotaping interferes with your reasonable use and enjoyment of your property, this could violate California's Nuisance Law (Cal Civil Code §3479).

If the videotaping continues, you may want to consider contacting an attorney in your area and having him send the neighbor a cease-and-desist letter, advising the neighbor of the legal actions that could be pursued against him if he does not stop videotaping you.

Thanks for the Great info, its to bad but with all crap they are doing it looks like I need to move or hire a lawyer to hit them with a nuisance suit wich will probley make matters worse, once again thanks for the info

[hendo2010]

As far as a nuisance I wonder if I have a case and what cost I should expect,

A list of what My neighbors have done over the last 2 years

Tresspass, stolen, verbaly assult , made faulse reports to sheriff that make it as far as the DA then gets dropped, calls to sheriff over stupid things like watering my lawn, they speed across on my property" they have an easement"this is on survaliance, serving me with a restraining order with the key reson they want one is I take to long to open my gate blocking the easment , I ride atv's on my property and I dont keep the road up past my house to theirs evan though they dont pay a dime for road maint when there is a maint agreement for a 50/50 split and so on Its pretty much a bullie job to run me off, looking back I wish I would have handled things different but this is what it is . do I have a case ? if so what would be the best kind of lawyer to take on such a mess ?
what should I expect to pay ?

[quincy]

You could contact an attorney who has a general civil law practice (personal injury, real estate, etc), or contact the California State Bar for direction.

As for costs, they vary substantially. Your best bet is to call around and compare prices. Make sure, when comparing prices, that you also compare attorneys' experience and results.

Good luck.