Legal Question in Real Estate Law in California

Can my neighbor takes pictures of my property leaning over my friend from my neighbor lot slightly higher in elevation over mine? I noticed today two strangers at the top of a hill in my neighbor backyard taking either pictures or video of my backyard. I took my pictures of them for my records, and they soon stopped and acted they were friends of my neighbor in the lower part of their lot. My backyard is not visible from the frontyard, and backs to a large ranch, so no neighbors behind me, just to the 2 sides. My lot is on a hill, so the lot on each side is of slightly different elevation. From the interior of my home I have a very small partial view of my neighbors backyard. What recourse do I have for invasion of my privacy, taking unauthorized photos, etc...?

Restraining Order, cease & desist letter, small claims suit, etc...?

Asked on 5/17/13, 3:38 pm

1 Answer from Attorneys

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

Taking pictures of someone else's property is generally considered lawful and not an actionable trespass or invasion of privacy. It could become an invasion of privacy worthy of a lawsuit for damages or an injunction IF the photographing is aimed at people and their activities. In the situation you describe, however, I don't see any immediate grounds for a successful lawsuit.

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Answered on 5/18/13, 10:52 am

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