Can my neighbor point a surveillance camera at his property that also records parts of my property?
February 2, 2023 | 40,00 EUR | answered by Oliver Ratzberg
Dear lawyer,
I am reaching out to you because I am very concerned about my privacy. My neighbor recently installed a surveillance camera on his property that also records parts of my property. I feel that this is a violation of my privacy and I wonder if my neighbor has the right to position this camera in such a way.
The situation is as follows: my neighbor and I share a property line where he has placed the camera. This camera not only films his own garden, but also a part of my property, including my entrance area and terrace. I have tried to talk to my neighbor about this, but he insists that he has the right to monitor his property and that the camera is not aimed at my privacy.
I am very worried that my privacy is being violated and that I have no way to defend myself against it. Therefore, I wonder if my neighbor actually has the right to install a camera that also records parts of my property. Are there any legal steps I can take to protect my privacy? I would greatly appreciate it if you could show me possible solutions to this problem.
Thank you in advance for your help.
Kind regards,
Sophia Eckstein
Dear Mrs. Eckstein,
Thank you for your inquiry regarding your neighbor's surveillance camera that also records parts of your property. It is understandable that you feel your privacy is being infringed upon and are looking for legal solutions to address this. Indeed, the issue of surveillance cameras in neighborhood law is a frequently discussed and sensitive topic.
In principle, every property owner has the right to monitor and protect their property. This means that your neighbor generally has the right to install a surveillance camera on their property to secure their belongings. However, there are limits they must adhere to, especially if the camera also records parts of your property.
In your case, it is crucial to determine whether the camera is positioned in a way that only monitors your neighbor's garden or if it also captures parts of your property. If the camera is also aimed at your entrance area and terrace, this could constitute a violation of your privacy. In such cases, it may be wise to have a conversation with your neighbor and find a mutually agreeable solution.
If reaching an agreement with your neighbor is not possible, you may consider exploring legal options. In such situations, it may be advisable to seek the advice of a neighborhood law attorney to assess your rights and discuss potential steps. Depending on the circumstances, you could, for example, seek a temporary injunction to stop the recordings or make claims for compensation.
It is important to emphasize that each case must be considered individually and there is no one-size-fits-all answer to your question. Therefore, I strongly recommend seeking professional legal advice to adequately defend your rights.
I hope this information is helpful to you and I am available for any further questions you may have.
Best regards,
Oliver Ratzberg, Attorney at Law
