Legal Question in Civil Litigation in Illinois
Is photographing the neighbors backyard without their consent illegal?
We have had a problem with our neighbors for over two years now. They have approximately 10 dogs (in a residential area) and they bark non-stop. This has simply driven us crazy. We have tried numerous approaches with the owner ( to no avail) and we have come to our wits end. We want to take her to court and in order to do this we need proof of the number of dogs living at the residence. Our properties are separated by a 6 ft. privacy fence (our fence). Would it be illegal to take photographs or videotape of the dogs in the neighbors backyard without the neighbors consent? (We would actually have to stand on a ladder to do this.) Would this be some type of privacy invasion? Could we be sued for this?
We have, in the past, called the police on noise issues, but our police are not allowed to respond to dog barking. The animal warden has also visited the neighbors on this issue, but they won't answer the door for him. Our surrounding neighbors are also fed up and have made plenty of complaints, so it's not just us.
1 Answer from Attorneys
Re: Is photographing the neighbors backyard without their consent illegal?
A videotape might not be necessary. Simply try to listen to exactly how many different dog barks you can hear, whether there is barking of a number of dogs at the same time, etc., and try to make an estimate. Contact your village or city and see whether there is an ordinance prescribing the permissible number of dogs in your community. If your estimate exceeds that which is permissible, in your complaint, i.e., in your lawsuit, simply describe what you have heard and what you have done and allege "on information and belief" that the number of dogs they possess is in excess of that permitted by the village. You must, however, have a good faith basis for your belief.
Once the lawsuit is filed, you can obtain through "discovery" the exact number of dogs you neighbor houses.
-- Kenneth J. Ashman; [email protected]; www.lawyers.com/alo
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