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  1. #1
    Join Date
    Jul 2008
    Posts
    22

    Default Surveillance Camera on Private Property

    My question involves personal property located in the State of: North Carolina


    The board on my homeowners association has approved the use of a surveillance picture camera to track vehicles entering and exiting our development. We have no common property so they have installed the camera within the road right of way on private property(association land owner). They have informed us that they are going to move the camera from place to place. Since the camera is located on the road right of way they feel they do not need to get property owners permission (they do not even want the property owners to know where it is) to install it on their land. Is this correct? I am also concerned as the camera is hidden and they have already gotten pictures of people urinating along the roadway. This is a wilderness community so it is heavily wooded. Are there any concerns that this camera is taking pictures of people somewhat naked without them knowing it? I have copied the paragraph concerning the road right of way from our covenants and the rights allowed. The developer has conveyed his rights on the road to the homeowners association.







    20. Developer has constructed roads on the property and the centerline of the roads will be the approximate front boundary line of the property sold to the property owners; the Developer does hereby reserve a 60 foot road right of way for road purposes, said right of way to be located 30 feet on each side of the centerline of said road which centerline is the approximate property line of the property owner. Should the centerline of the constructed roads vary slightly from front boundary line of the property, the right of way hereby reserved shall extend into the property such distance as is indicated on the recorded, subdivision plat delineating the same. The Developer reserves said 60 foot right of way for ingress and regress to the Developer's remaining properties, and also reserves said right of way for properties belonging to his predecessor in title, heirs, successors and assigns and to the property being developed, Developer shall have the following rights in regard to said 60 foot right of way;

    a) Developer may maintain, but shall not be required to maintain, the road and, in his discretion may pave the same.

    b) Developer will have the right to run any and all utility lines, including, but not limited to, electric, water, telephone, sewer, gas and cable television.

    c) Developer reserves the right to convey said 60 foot right of way to the Department of Transportation of the State of North Carolina at any time so that said road may become a public road and may be maintained by the Department of Transportation or the State of North Carolina.

    d) The property owners agree that the Developer shall be their agent and be empowered to sign any and all documents to convey said sixty foot right of way to the Department of Transportation of the State of North Carolina without the necessity of their signing any legal documents to insure the transfer. The property owners expressly waive any compensation from the State of North Carolina for the taking of the sixty-foot right of way.

    e) Developer reserve the right to maintain the banks, fills and drainage along the side of said roads, including the right to cut any shrubs or trees along the banks and fills to maintain said roads.

    f) The property owners are expressly advised that until the Department of Transportation of the State of North Carolina takes over said roads, that these will be private roads and must be maintained by the property owners and the owners of the other tracts of land in the development in compliance with N.C.G.S. 136-102(f).

  2. #2
    Join Date
    Jan 2006
    Posts
    28,115

    Default Re: Surveillance Camera on Private Property

    I would guess people need to keep their pants zipped. If they are in the public view, they have no expectation of privacy and should act as such.

    Is there some reason they cannot pee in their own homes or if it is that rural, then can go beyond the road ROW and should be outside of the view of the camera. They only need to go beyond 30 feet from the road center line.

    as to rights to place a camera on private land (not owned by the association) but designated as a ROW; I suspect you could make a decent argument that is not the intent of the ROW and it has no connection to the usage as a roadway and as such is not an acceptable use. If you cannot figure it out with discussions between the parties, a court will surely answer it for you.

  3. #3
    Join Date
    Jul 2008
    Posts
    22

    Default Re: Surveillance Camera on Private Property

    Thanks for the reply JK.
    Peeing on the side of the road? Well what can I say it is the south and with 5000 acres of woods around you and very few homes its not like someone is coming by anytime soon. Yes going in the woods would put you out of camera view but with chiggers, copperheads and timber rattlers a plenty the camera may be your better option. I think the board member who pushed for the camera and runs it just likes to get his jollies out of watching people. He is a power junky and could care less what the law says. The camera is a good idea if used correctly but this guy does not know what that means. One day when I move it will not be where there is a homeowners association thats for sure.

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