neighbor online pictures

[appless]

Here is a link to information on Pennsylvania’s defamation laws:

https://www.dmlp.org/legal-guide/pennsylvania-defamation-law

A question: Did your neighbor take the photos of your backyard from the neighbor’s own property or from the street or other public vantage point? In other words, did your neighbor have to trespass on your property to take the photos?

probably not

 

[Bali Hai Again]

probably not

So, the neighbors nose with a camera attached was long enough to get sufficient aerial photograghs?

 

[Bali Hai Again]

... In Pennsyltucky?

(couldn't resist)

I’ve seen worse in Josiey.

 

[stealth2]

So, the neighbors nose with a camera attached was long enough to get sufficient aerial photograghs?

Im'ma wondering what Bali's yard looks like...

 

[stealth2]

I’ve seen worse in Josiey.

LOL So have I, but OP isn't in Joisey.

 

[Bali Hai Again]

Im'ma wondering what Bali's yard looks like...

Maybe I’ll set off some fireworks during the day on the 4th to scatter the rats and send you a picture.

 

[stealth2]

Maybe I’ll set off some fireworks during the day on the 4th to scatter the rats and send you a picture.

 

[Taxing Matters]

Can I take any legal action for the pictures he posted?

I agree with quincy that the chances of success if you sue for defamation are extremely low. Just putting up unaltered photos of you or your yard, if taken from a place the photographer has the right to be won't be enough because there's nothing in a photo that meets the definition of defamation.

However, depending on PA's court decisions on the matter (and I haven't looked) the HOA might find the association's covenants to have lapsed and thus no longer effective. I assisted a client of mine that was the target of their HOA, though the exact facts are different in the case I handled. I wrote a letter to the HOA board explaining the case law and my opinion that they no longer have the power to enforce it. I also told them we would contest any fine in court and noted that if the HOA lost that suit, it wouldn't be able to fine anyone. The board took the letter to the board's attorney, I don't know what said between board and the attorney, but shortly after the HOA agreed to quietly drop the matter. You might want to ask a PA attorney whether under given the HOA's failure to enforce the rule for many years would lead to lapse of the covenants, thus effectively dissolving it. You'd also want to ensure that your lot does not violate any applicable ordinance and that it does not pose a risk to others. That's something to discuss with the lawyer, too.

 

[quincy]

probably not

Okay. So it sounds as if the neighbor was able to photograph your yard from his yard or from the street. And what he sees from his property or the street are trash cans and plastic jugs and a ladder hanging outside and a wire clothes line and a trailer and a shed and piles of dirt. Have you actually read the old covenant to see if your property violates the terms?

How large is your lot? Other than what you mentioned as pictured in the photos, does your backyard have some redeeming qualities, too (e.g., flower garden, trees, mowed lawn)?

You can consult with a Pennsylvania attorney, as Taxing Matters suggests, to see if the covenant is still enforceable and to see if any local ordinances have been violated. Or you could clean up your yard.