Can my neighbor point his surveillance camera at my property?
March 11, 2024 | 50,00 EUR | answered by Paul Heuser
Dear Lawyer,
I am reaching out to you as I urgently need advice regarding a matter in neighbor law. My neighbor recently installed a surveillance camera on his house, which is directly pointed at my property. This camera captures a part of my property, and I feel that my privacy and rights are being violated as a result.
The situation is as follows: My neighbor and I have had no disputes or issues in the past. We have maintained a normal relationship with each other. However, he installed the camera on his house without consultation or informing me, so I only became aware of it by chance. I have already addressed this with him, but he sees no reason to adjust or remove the camera.
I am concerned that my privacy is being infringed upon by the surveillance camera and that my neighbor may be taking recordings of me and my property without my consent. My question to you is: Is my neighbor allowed to point his surveillance camera at my property, and what legal steps can I take to protect my privacy? Are there possible solutions to resolve this issue peacefully without immediately taking legal action?
I thank you in advance for your support and advice on this matter.
Sincerely,
Benjamin Schneider
Dear Mr. Schneider,
Thank you for your inquiry regarding the surveillance camera of your neighbor that is directed towards your property. This situation is certainly very distressing, and it is understandable that you feel your privacy is being invaded. In Germany, there are clear legal regulations for the protection of privacy and neighborhood rights which are relevant in your case.
Generally, it is allowed to install a surveillance camera on your own property to protect your own belongings. However, the camera must not unlawfully film into the private area of your neighbor. If the camera captures a part of your property, this could be considered a violation of your personal rights and neighborhood rights.
In your situation, it is important to first have a conversation with your neighbor and express your concerns and worries. Try to find a mutual solution, for example by having your neighbor adjust the camera so it no longer points towards your property. If your neighbor does not show understanding and refuses to adjust or remove the camera, you may consider taking legal action.
You could start by consulting a lawyer to review your legal options and possibly issue a legal warning. If your neighbor continues to be uncooperative, you can obtain an injunction or file a lawsuit in court to force the removal or adjustment of the camera.
It is important to document all steps and collect evidence to strengthen your position. Show your neighbor that you are willing to defend your rights, but remain professional and friendly. A peaceful resolution is always preferable, but sometimes resorting to court is necessary to protect your privacy.
I hope this information is helpful to you and I am available for further consultation. Do not hesitate to contact me if you have any further questions.
Sincerely,
Paul Heuser, Attorney
