House Being Built Next Door Has Windows Overlooking Bathroom Skylight

[gclaycat]

My question involves civil rights in the State of: Texas

[Mr. Knowitall]

It would make sense for you will need to put a curtain, privacy glass, or something similar in place to protect your privacy.

[jk]

My question involves civil rights in the State of: Texas

this really isn't a rights issue but...

so, you want to argue your rights to have a skylight are superior to their rights to have windows?

You will lose.

as long as their building is in compliance with any applicable building rules, you have no argument against them having windows that overlook your skylight.

[gclaycat]

this really isn't a rights issue but...

so, you want to argue your rights to have a skylight are superior to their rights to have windows?

You will lose.

as long as their building is in compliance with any applicable building rules, you have no argument against them having windows that overlook your skylight.

the builder/owner has owned the lot for 2 years, plenty of time to come up with a design that worked with the existing structures around it. when he came to me and told me he was going to build we discussed the house and the orientation of the rooms. he indicated that the stairwell was going to be adjacent to my master so, there was no issue with privacy. when he started building, the stairs moved to the other side of the house and a bedroom is now beside my master bath. I feel it is incumbent on him to make sure that what he builds does now intrude on my privacy. we are not talking about a window that has obscure glass or a window covering. we are talking about a skylight that is 12 feet high. when my wife stepped out of the shower last Tuesday and looked up to see someone looking down at her it was quite a shock. What gives him the right to build something that forces me to make changes in my home that have been in existence for years. what happened to the 4th amendment.

[jk]

gclaycat;624619]the builder/owner has owned the lot for 2 years, plenty of time to come up with a design that worked with the existing structures around it

.unless there is some legal requirement somewhere, this is irrelevant. If there is some requirement his building "fit in" with other structures, it is going to be based in an HOA's rules or maybe some local building requirement. In general, there is no obligation to do so.

when he came to me and told me he was going to build we discussed the house and the orientation of the rooms. he indicated that the stairwell was going to be adjacent to my master so, there was no issue with privacy. when he started building, the stairs moved to the other side of the house and a bedroom is now beside my master bath

it's nice he discussed these issues with you but he had no requirement to do so and no requirement to build in a manner that was acceptable to you

. I feel it is incumbent on him to make sure that what he builds does now intrude on my privacy

what you feel and what the law requires are obviously two very different things. You can guess which one will hold up in court.

. we are not talking about a window that has obscure glass or a window covering. we are talking about a skylight that is 12 feet high.

and?

when my wife stepped out of the shower last Tuesday and looked up to see someone looking down at her it was quite a shock.

Wow, I guess you need to be more aware of that. You do realize that exposing yourself to the neighbors is illegal in most areas.

and yes, I am serious about that.

What gives him the right to build something that forces me to make changes in my home that have been in existence for years

more important, what prevents him from doing so and what gives you the right to prevent it?

. what happened to the 4th amendment.

It's still there in the Constitution. The problem is it isn't applicable because he is not a government entity attempting to violate your privacy.

AMENDMENT IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

[LawResearcherMissy]

Concur with jk. Buy a curtain or some of those nifty remote controlled blinds.

You don't have a constitutional right to an uncurtained skylight.

[gclaycat]

The Fourth Amendment----
Modern tort law

In the United States today, "invasion of privacy" is a commonly used cause of action in legal pleadings. Modern tort law includes four categories of invasion of privacy:[6]
1.Intrusion of solitude: physical or electronic intrusion into one's private quarters.
2.Public disclosure of private facts: the dissemination of truthful private information which a reasonable person would find objectionable
3.False light: the publication of facts which place a person in a false light, even though the facts themselves may not be defamatory.
4.Appropriation: the unauthorized use of a person's name or likeness to obtain some benefits.

[edit] Intrusion of solitude and seclusion


Intrusion upon seclusion occurs when a perpetrator intentionally intrudes, physically, electronically, or otherwise, upon the private space, solitude, or seclusion of a person, or the private affairs or concerns of a person, by use of the perpetrator's physical senses or by electronic device or devices to oversee or overhear the person's private affairs, or by some other form of investigation, examination, or observation intrude upon a person's private matters if the intrusion would be highly offensive to a reasonable person. Hacking into someone else's computer is a type of intrusion upon privacy,[8] as is secretly viewing or recording private information by still or video camera.[9] In determining whether intrusion has occurred, one of three main considerations may be involved: expectation of privacy; whether there was an intrusion, invitation, or exceedance of invitation; or deception, misrepresentation, or fraud to gain admission. Intrusion is “an information-gathering, not a publication, tort…legal wrong occurs at the time of the intrusion. No publication is necessary.”[10]

[aardvarc]

This is not a 4th Am issue. The 4th Am applies to the GOVERNMENT.

The problem is that to have a tort of invasion of privacy, you have to have expectation of privacy. There is no expectation of privacy from anyone viewing you from either a public place or a private place where they are lawfully allowed to be. See number 1. Your private quarters are neither being physically invaded nor electronically invaded. That you built a skylight and didn't anticipate that a neighboring home, with a vantage point down onto your skylight, might ever be there, isn't the neighbor's problem. He's allowed to build his entire house of glass, and so long as that home is within the building codes, what he can see from the windows of his home is free game. Same goes for your windows. He doesn't have a claim of privacy to dance naked in his upstairs room and should you catch him doing so when looking up through the sky light, big "oopsie" for him. If you don't want people seeing into your home from places they can lawfully be, then you have to take steps to control what portions of your home are "open" and which will be shielded. That you've been able to enjoy NOT shielding the skylight all along has been a big plus for you, but being placed in a position where that privacy is about to be more difficult doesn't create a tort on the part of your neighbor (assuming no code issues). No different than if you used to enjoy dancing naked in the moonlight in your unfenced back yard. Once the lot behind you sells, it's time to either stop dancing naked in the moonlight, or put up a fence to keep your privacy in. Same thing applies here. You have no right to tell anyone they can't look at your property from a place that they have a right to be. If your skylight happens to fall within eyesight, that's unfortunate, but again, if the neighbor can lawfully put a window there, he can lawfully look out that window.

So the question really comes down to the building code issue, and there are 3 main possibliities:

1) The building codes are the same today as when you built, and the neighbor is in compliance with those codes. If so, and the code allows him to build windows that high, you're stuck, as the burden to have built with the idea of there someday being a neighbor with windows that high falls on you (or your builder).

2) The building codes were changed after you built, and the neighbor is in compliance with those codes. Here you might want to speak to an attorney, but so long as the neighbor is in compliance with the law, again, it won't be the neighbor's problem. Here you'd have to discuss legal action against the entitiy responsible for the building code and repurcussions for either repair expenses or devaluation of your property due to the change. This type of suit may have statute of limitation problems as well, and you'll need expert legal assistance to go back and puruse any public hearings regarding any changes (in other words, were any changes challenged or compensation sought when the changes were being implemented). An experienced real estate attorney might be able to seek damages on your behalf, but you'll still have to take some action to address that the skylight is about to become visible to more than just birds, planes, and Superman.


3) The neighbor is NOT in compliance with current building codes. Here, you'll want to take up the matter with your local code enforcement office. They are responsible for making sure that construction adhears to the orinances in place and for not passing inspection or allowing occupancy on those projects which are not in compliance.

[jk]

The Fourth Amendment----
Modern tort law

In the United States today, "invasion of privacy" is a commonly used cause of action in legal pleadings. Modern tort law includes four categories of invasion of privacy:[6]
1.Intrusion of solitude: physical or electronic intrusion into one's private quarters.
2.Public disclosure of private facts: the dissemination of truthful private information which a reasonable person would find objectionable
3.F.”[10]

You found that listed under a discussion on the 4th? Please provide a link. There is an amendment that has been used as the basis for an invasion of privacy by a private party but it wasn't the 4th.

Intrusion upon seclusion occurs when a perpetrator intentionally intrudes, physically, electronically, or otherwise, upon the private space, solitude, or seclusion of a

Notice, it states: intentionally. A peeping tom is invading your space intentionally. The guy next door isn't. It is merely a situation where he can see into your window

and btw; what if he was so aligned he could see directly into a side window? Would you feel the same? What about everybody walking down the street that can see through any window facing them? Are they all invading your privacy?

Really guy, start searching some case law. If you can find something either in your state or your federal district that supports your argument, go for it. If you can't, realize you are just plain wrong.

[aardvarc]

the builder/owner has owned the lot for 2 years, plenty of time to come up with a design that worked with the existing structures around it.

Ok. But since they don't HAVE to do that, it doesn't matter if they had a decade. They're not required to have a design that works for you. They're only required to have a design that meets building code.

when he came to me and told me he was going to build we discussed the house and the orientation of the rooms. he indicated that the stairwell was going to be adjacent to my master so, there was no issue with privacy. when he started building, the stairs moved to the other side of the house and a bedroom is now beside my master bath. I feel it is incumbent on him to make sure that what he builds does now intrude on my privacy.

It's not. And he's allowed to change his mind. YOU are in charge of protecting your own privacy, not expecting your neighbor's to curb THEIR otherwise lawful behavior or home design.

we are not talking about a window that has obscure glass or a window covering. we are talking about a skylight that is 12 feet high.

Nice. But just like what goes up must come down, what you can see out of, other people can see into. Unless you block that view. Or buy the lot next door to ensure that no one could ever build there. Since that didn't happen, then there has always been the possibility for you to get a neighbor. That time has now come, and it's going to mean some changes for you. If you've been used to playing drum solos on 3 am on Tuesdays, that should stop - because it's likely a violation of city/county ordinance, and now that you've got neighbors, there is going to be someone there to complain. Similarly, when you need a cup of milk to finish your cookie recipe, instead of going to the store, you can ask the neighbors for that cup of milk. Just like you can ask them to pick up your mail and move your trash cans when you're out of town, or just like they might be the ones to call the fire department when lightning hits your house. Living with neighbors has pros and cons. One of the cons is that you no longer get to act like you're the only people on the island. If you want to maintain privacy over the skylight, then shield, block, cover, or remodel it into something that'll work for you having a neighbor.

What gives him the right to build something that forces me to make changes in my home that have been in existence for years.

Your local building code. If he's in violation of it, your skylight might be preserved. If he's not, you're going to need plan B.

what happened to the 4th amendment.

It's not a 4th Am issue.