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Neighbor creepily filming us

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Fuzzyelvis

Junior Member
What is the name of your state (only U.S. What is the name of your state (only U.S. law)? TX
My neighbor directly across the road from us has a "security" camera that is on all the time. He has told me that it gets a good view of our driveway and garage. I have had issues with him complaining to animal control about a cat that goes in and out of our garage (the door does not close properly and I can't afford to fix it--nor am I required to by any law or homeowner's association that I know of). There is a leash law for cats where I live and so he's saying I have a cat off leash. I do not know who the cat belongs to. Apparently it also goes in his back yard and poops in his flowerbeds, which is why he's annoyed. I have an old car in the garage, and I think the cat just likes sleeping there because it's warm--it's NOT friendly, and I suspect it's feral. It doesn't bother me, though as we have had rodent issues in my area and I think it may be keeping the rats or mice out of my house, as I haven't had problems like some of my neighbors.
Anyway, my question is if it's legal in TX to have a camera like that taping my property all the time. Although this is property that is visible from the street, it seems a bit creepy to be videotaped all the time without permission (it also tapes my front entrance, I would assume).
Thanks.law)?
 


quincy

Senior Member
Generally speaking, a person can have no reasonable expectation of privacy if they are photographed or filmed in a public place or when they are in an area of public view.

Courts have held that a photographer or filmmaker can stand in a public place and photograph or film what he sees, even if this includes the interior of a business. However, courts have not likewise held that a photographer or filmmaker can stand in a place open to the public and photograph or film the inside of a private residence. This can be seen as an invasion of privacy.

So, whether your neighbor's security camera can be seen as an invasion of your privacy really depends on what is being viewed through the lens. If the camera captures the inside of your home, through perhaps a window, there may be a privacy invasion. If it merely captures your front yard, front of your home, your driveway, there would likely be no invasion of privacy action you could pursue with much chance of success. The inside of your garage? Not real sure on that - you may wish to speak with an attorney in your area - but it is doubtful, if the garage door is open to view by the public (passers-by), that it would be considered an invasion of your privacy.

I suggest that you, first (and if possible to do so civilly), speak with your neighbor. Tell him you find the constant surveillance "creepy" and then ask him to please reposition his camera so that he views only his own property and the streetscape. If a civil conversation is not possible, then I suggest you go over the facts with an attorney - to see if you have any legal options available to you.

Good luck.
 
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Nippy

Junior Member
Maybe more common sense than legal here....

....but if the cat is not yours and 'feral', maybe you should contact animal control? If the cat is doing damage to his property and is finding 'comfort' on yours (or in your car) and you know of that, then although you might not be as technically responsible for it's damage to the neighbor's flower garden as if you 'owned' it officially, you still have some responsibility knowing that you are harboring something that is destructive, and have been told so by the neighbor.

He's filming you for a reason, I personally wouldn't ignore this, nor look to confront him (directly or legally) about his behavior. Rather, i'd work to address the cause of his consternation (and video) with him. In these matters, good sense dictates that we attend to the legitimate concerns of property destruction, rather than animal rights.
 

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