Our neighbor has a video camera pointing toward our backyard, is this legal?

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Our neighbor has a video camera pointing toward our backyard, is this legal?

We recently had a restraining order expire against our neighbor for stalking. Now he is at it again by placing video cameras facing our home  – back sliding door, kids play area, and our river frontage where we relax. He also posted a sign in the back facing us directly that trespassers will be shoot on sight. I have 7 kids. He already killed our livestock and pets, which his daughter messed up in court and admitted. Now I fear for my children. Also, he walks his property caring a loaded hand gun all the time as intimidation. My husband is gone for weeks at a time on the slopes so I am alone.

Asked on August 1, 2010 under Personal Injury, Alaska

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can sue your neighbor for invasion of privacy for the video camera surveillance of your property.  Invasion of privacy is a serious and unreasonable interference with your right to be left alone.  Your lawsuit should also include a separate cause of action (claim) for intentional infliction of emotional distress.  Intentional infliction of emotional distress is an extreme and outrageous act intended to cause and which does cause you emotional distress.  The video camera surveillance, killing your livestock and pets, carrying a gun while walking on his property, threatening to shoot trespassers, etc. are all extreme and outrageous acts intended to cause and which are causing you emotional distress and would provide evidence in your lawsuit for intentional infliction of emotional distress.  You should also seek monetary compensation for the loss of your livestock and pets.  Compensation for the livestock could be based on their market value.

In addition to the civil lawsuit, you should also immediately contact the police regarding your neighbor's actions.  If you are dissatisfied with the response from the police, contact the district attorney's office to pursue criminal charges against the neighbor for stalking, violation of your state's gun laws, and the deaths of your pets and livestock.


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