Can My Neighbor Legally Point a Security Camera at My Property?

It can be uncomfortable to discover that a neighbor has set up security cameras around their house, whose lenses appear to point at areas of your property, such as the backyard. Is this illegal, or an invasion of privacy? That's what this article will discuss.

Do You Have a Legal Right to Privacy on Your Property?

There is no federal law guaranteeing privacy in the United States, nor any specific Constitutional section on the topic. However, the Supreme Court has, in various decisions, used the personal protections guaranteed by the First, Third, Fourth, Fifth, and Ninth Amendments to find an implied right to privacy.

What that means in practice depends largely on state statutes or court decisions. For example, the courts in your state might have specified details regarding when homeowners or tenants can sue based on a legal theory of invasion of privacy (a so-called "tort"). The concept is to protect people's seclusion from being intruded upon, whether that's by a camera or some other means. The judge could order someone invading another's privacy to pay damages, take down the camera, or both.

Or, your state legislature might have passed statutes allowing for such lawsuits. New York, for instance, passed a 2017 law letting homeowners or tenants sue someone who videotapes or takes moving images of them in their backyard without consent—though only if the photo-taker intended to "harass, annoy or alarm" them or to "threaten" them or their property. (See N.Y. Civ. Rights Law § 52-A.)

Some states' statutes also criminalize invasion of privacy, which means you could call the police on the perpetrator, not wait to file a lawsuit. That's usually in egregious situations, such as if someone deliberately pointed a camera into a bedroom or up someone's skirt.

In some states, mere visual recording is not illegal so long as the camera is on your neighbor's property. In other states, visual recording is acceptable but any audio recording is not. And in other states, all forms of recording might face criminal or civil penalties.

Layout and Visibility Counts When Claiming Privacy on Your Property

Defining the extent of one's legal privacy depends on things like layout, openness, and other location-specific details. The easier it is for the public to see into the space in question, the less the expectation of privacy. A camera pointed at your front yard, for example, would likely not be seen as an issue, unless someone scaled a high fence to point it within. That's how companies like Google can legally record their Street View images across the United States.

A fenced backyard would normally be considered private. The interior of one's house would almost always be considered private, though if you've got a big picture window and a passerby happened to look in be, or even photograph it while, say, taking a picture of a bird, filing a lawsuit would likely go nowhere.

Location is not the end of the analysis. The camera owner's intention also comes into play. Basic tort law defines invasion of privacy as something the perpetrator does intentionally and which a reasonable person would find offensive. So, for instance, a neighbor's camera pointed at your property that happens to pick up a corner of it might not make for a strong invasion of privacy case. But if the camera is clearly trained at your living room window or open-air shower, it's potentially another matter.

What to Do If You See a Camera Trained on Your Backyard

Before looking into the legal remedies in your state, it's worth giving your neighbor a chance to explain. Write a note, or knock on the door. Assume the best, as in: "It seem to me you have a camera pointed right into my backyard! I'm sure you didn't even realize, but would you mind shifting it in another direction?"

This provides an opportunity for your neighbor to explain their apparent distrust. Does the neighbor mistakenly believe you stole something from them? Or that you or a member of your household are engaged in dangerous or illegal activities? Or perhaps they're worried that some other intruder (human or animal) is coming into their yard via yours. Use this conversation to address not just the camera, but to explore your neighbor's underlying intentions.

If the neighbor has no good explanation or refuses to move the camera after your request or invitation to dialogue, consider self-help options. Perhaps planting trees or shrubs will help, once they grow to block the view of the cameras. Similarly, you might install a tall lattice fence that will give your backyard some needed cover. (Just make sure it's not tall enough to violate local ordinances or qualify as a "spite fence.")

Getting Legal Help

If you are still not able to block the camera, you might want to consult an attorney regarding your legal rights and possible remedies. A simple demand letter from an attorney might persuade your neighbor that you will not submit to unwarranted snooping, even if you would not ultimately proceed to court with such a claim.