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

UPDATED: Aug 1, 2010

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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


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

Answered 12 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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