Do I have a right to videotape my backyard if part of my neighbor’s yard can also be seen?

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Do I have a right to videotape my backyard if part of my neighbor’s yard can also be seen?

I am a single parent living next to a married couple with 2 small children. The husband keeps coming onto my property, damaging my property, and has been harassing me verbally. I was told by a police officer that I can get a web cam and videotape my backyard. The wife found out what I was doing and stated that I was watching her children which is ridiculous. I spoke to the police and just want him to leave us alone. Do I have a right to videotape my own property even though you can see part of their back yard (not much of it)? I just need the state statute in NE for videotaping.

Asked on October 22, 2010 under Personal Injury, Nebraska

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, you have a right to videotape your back yard.  You just need to be reasonable and make sure that you are not violating any anti-stalking laws in your state.  As for specific statutes that allow you this right, you will need to speak with an attorney in your area. But I would make sure that you are getting as little of their back yard as possible and that you do not have the camera targeted at, say, their windows or back door.  I might also consider putting in a light with a motion sensor in your yard.  This way when he comes in to your back yard the whole place will light up and the camera will have a clearer shot of recording. Once you have enough evidence collected as to his harassment I would get a protective order.  Good luck.


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