Legal Question in Real Estate Law in California

private property

can the people next door to my home look over my block wall and take pictures of my property without my premission?


Asked on 11/10/03, 7:47 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: private property

I think so. Looking at an photographing a neighbor's property is not inherently a trespass or any other kind of violation of law. The existence of a 'block wall' does not distinguish the situation from 'wood fence,' 'wire fence,' or 'no barrier at all.'

However, there is a fine line separating innocent looking and picture-taking from actionable invasion of privacy. Generally, the line is drawn based upon concepts of what is reasonable and what is improper. A lot would depend upon the neighbor's motives and what is done with the photos.

If you need further assistance, you might re-ask your question under the heading of 'torts' rather than real estate, since that is the legal specialty best able to address your needs.

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Answered on 11/10/03, 10:06 pm
Michael Olden Law Offices of Michael A. Olden

Re: private property

Depending upon what the intent is in terms of the use of the pictures yes. They're not trespassing, and if you're not laying out setting yourself nude they're not, it appears, invading your privacy. If they use the pictures improperly or illegally you can always seek the advice of a criminal attorney or go directly to the District Attorney's Office to determine if there are grounds for criminal action. The very carefully and do not start something because you more anguish in the future than it was worth. That is why say get attorney's take on the situation for you do anything, drastic or otherwise.

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Answered on 11/11/03, 10:00 am


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