Legal Question in Technology Law in California

Re: Surveillance Cameras

First, I'd say that this is a situation that seems to call for neighborly diplomacy more than legal analysis. I don't know what your relationship with the neighbor (apparently, your cotenant) is like, but I think I'd start out by gently asking what the thing is and what it's for, hinting that you are made uncomfortable by being under observation.

Legally, there are two overlapping and probably slightly conflicting principles involved here. First, it is not illegal to take pictures of someone else's property. In this particular case, the neighbor is probably not even doing that; he or she may indeed be taking pictures of her or his own property, since two houses on a single parcel are probably also owned by joint tenancy or tenancy in common (this would be the conclusion without knowing more facts; houses are usually owned in the same way and by the same owners as the underlying land is held).

In any event, the second legal principle is that a neighbor cannot habitually vex, annoy or harrass another neighbor, nor unreasonably intrude upon one's privacy.

I can't say who would prevail here; this seems to be peculiar behavior, but whether it was warranted or provoked, or whether the neighbor is a nut case, one cannot tell based on a few sentences of facts from one of the parties.

As I said earlier, I think resolution of this starts with a polite inquiry as to the purpose and use of the camera. Maybe you can get it resolved that way. Failing this, you might be able to get a court to issue a restraining order under Code of Civil Procedure section 527.6. You might want to look it up and in particular consider whether you can make a cse under the defintition contained in 527.6(b) requiring "substantial emotional distress" to the plaintiff.

You may have other rights as well, but due to the uncertain (to me) property situation, it is hard to discuss them meaningfully here.