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  1. #1
    Join Date
    Apr 2019
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    Question Neighbor's Surveillance of Private Easement

    My question involves civil rights in the State of: Montana. I am not sure if this is a civil rights issue or other privacy issue, but no other categories seem applicable. I live rurally, so no town laws, HOA covenants, etc. apply here. I have a private easement (which also goes to a couple other properties that are vacant almost always, thus it's not mine alone). My only neighbor just put up a WiFi security camera pointed directly on the easement I have to drive every time I enter or exit my property. There is no reason for this--in winter, especially, absolutely no one else comes up our horrible road--other than to spy on me. Do I have any recourse--other than, I suppose, aiming my own cameras directly onto their property as their home, driveway, etc. are almost on my property line so that's something I can do easily. I'd rather not--I'd prefer they just re-aim the camera onto only their driveway (not my easement) if their intent is to monitor anyone entering their property--versus monitoring my comings and goings.

  2. #2
    Join Date
    Jan 2006
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    38,783

    Default Re: Neighbor's Surveillance of Private Easement

    Unless he is also capturing audio and as long as he has placed the camera in a place it is lawful for him to be, there really isnít anything you can do about this.

  3. #3
    Join Date
    Nov 2013
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    6,511

    Default Re: Neighbor's Surveillance of Private Easement

    Quote Quoting blegl
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    My question involves civil rights in the State of: Montana. I am not sure if this is a civil rights issue or other privacy issue, but no other categories seem applicable. I live rurally, so no town laws, HOA covenants, etc. apply here. I have a private easement (which also goes to a couple other properties that are vacant almost always, thus it's not mine alone). My only neighbor just put up a WiFi security camera pointed directly on the easement I have to drive every time I enter or exit my property. There is no reason for this--in winter, especially, absolutely no one else comes up our horrible road--other than to spy on me. Do I have any recourse--other than, I suppose, aiming my own cameras directly onto their property as their home, driveway, etc. are almost on my property line so that's something I can do easily. I'd rather not--I'd prefer they just re-aim the camera onto only their driveway (not my easement) if their intent is to monitor anyone entering their property--versus monitoring my comings and goings.
    I think you are a bit paranoid on this issue. What makes you think the neighbor intent is to track your goings and comings? Maybe the neighbor wants to know who is coming and going to protect his property.

    Have you spoken with the neighbor about your concerns? The camera may some day help you if your home was burglarized and the evidence was recorded by the neighbor's camera.

  4. #4
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    Mar 2013
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    17,281

    Default Re: Neighbor's Surveillance of Private Easement

    Quote Quoting budwad
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    The camera may some day help you if your home was burglarized and the evidence was recorded by the neighbor's camera.
    Agree.

    My neighbor across the street from me has his security camera aimed on his driveway which also catches the front and side of my house. My activity undoubtedly gets recorded. So what? I appreciate knowing that, if something happens, he's got it recorded.

  5. #5
    Join Date
    Apr 2006
    Location
    NW of KSTL
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    2,554

    Default Re: Neighbor's Surveillance of Private Easement

    My advice would be not to pick your nose while in view. Other than that, it seems you're overly concerned about a relatively mundane, and ever more prevalent these days, situation.

    You could consolidate your 'errands' trips to limit your exposure. Unless, of course, your travels are not exactly square business. A presumption on my part, no offense intended.

  6. #6
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    Apr 2019
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    3

    Default Re: Neighbor's Surveillance of Private Easement

    Quote Quoting budwad
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    I think you are a bit paranoid on this issue. What makes you think the neighbor intent is to track your goings and comings? Maybe the neighbor wants to know who is coming and going to protect his property.

    Have you spoken with the neighbor about your concerns? The camera may some day help you if your home was burglarized and the evidence was recorded by the neighbor's camera.
    If the neighbor wanted to protect his property, he'd aim the camera at his driveway. Yes, he wants to know who comes and goes--me and only me, baed on how it is aimed. There is only one way the public (a criminal) might access his property and it's not the way the camera is aimed. This is multiple miles up a non-public access--people who don't belong here never come up here, period. They can be seen driving up the several mile road below, it is a horrible road, and it is not open to the public, period. I have lived here for decades and have had to call law enforcement on these people in the past (who have only been here a couple years). I am not paranoid and your comment is not helpful, but I understand you cannot visualize or conceptualize the situation/location.

    Whoops. You have zero concept of where I live, which is understandable. I tend to go out once or twice a month as even the post office is 1.5 hours RT away. Stores are double that. This is not an urban/suburban area where people are going by frequently. Or ever at all, for that matter. It is miles up a protected, private easement where the public is not allowed. So your response is less than helpful and yes, comes across as offensive.

    Can you elaborate on that? The brand of camera does capture audio as well as video, I know.

  7. #7
    Join Date
    Mar 2013
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    1,230

    Default Re: Neighbor's Surveillance of Private Easement

    Don't be too sure the camera is recording what you think it is.

    I own an apartment building in a bad neighborhood. I have cameras aruond the building thar capture the exterior walls, windows, doors and adjoining sidewalk of the property. My intent is to capture anyone breaking in, vandalizing or grafiting the property. Unfortunately, the cameras look like they are recording the entire streer, so every time a neighbor's vehicle is the victim of a hit and run, someone calls asking me to check days worth of video. The only way I can convince them my cameras don't record what they think is to send them still shots from the system showing that the viewing area does not extend beyond the sidewalk or the edge of my property line.

  8. #8
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    Apr 2019
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    3

    Default Re: Neighbor's Surveillance of Private Easement

    Quote Quoting L-1
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    Don't be too sure the camera is recording what you think it is.

    I own an apartment building in a bad neighborhood. I have cameras aruond the building thar capture the exterior walls, windows, doors and adjoining sidewalk of the property. My intent is to capture anyone breaking in, vandalizing or grafiting the property. Unfortunately, the cameras look like they are recording the entire streer, so every time a neighbor's vehicle is the victim of a hit and run, someone calls asking me to check days worth of video. The only way I can convince them my cameras don't record what they think is to send them still shots from the system showing that the viewing area does not extend beyond the sidewalk or the edge of my property line.
    I know the brand of camera and its details--its field of depth, frequency/length of recording options, and so on. Thus i am not making assumptions--I know how that camera works. I use multiple brands and types of security cameras myself. I have always (until now, at least) been courteous and kept them on and viewing my own properties, however.

  9. #9
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    Nov 2013
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    6,511

    Default Re: Neighbor's Surveillance of Private Easement

    Quote Quoting blegl
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    If the neighbor wanted to protect his property, he'd aim the camera at his driveway. Yes, he wants to know who comes and goes--me and only me, baed on how it is aimed. There is only one way the public (a criminal) might access his property and it's not the way the camera is aimed. This is multiple miles up a non-public access--people who don't belong here never come up here, period. They can be seen driving up the several mile road below, it is a horrible road, and it is not open to the public, period. I have lived here for decades and have had to call law enforcement on these people in the past (who have only been here a couple years). I am not paranoid and your comment is not helpful, but I understand you cannot visualize or conceptualize the situation/location.

    Whoops. You have zero concept of where I live, which is understandable. I tend to go out once or twice a month as even the post office is 1.5 hours RT away. Stores are double that. This is not an urban/suburban area where people are going by frequently. Or ever at all, for that matter. It is miles up a protected, private easement where the public is not allowed. So your response is less than helpful and yes, comes across as offensive.

    Can you elaborate on that? The brand of camera does capture audio as well as video, I know.
    You think my post was offensive because I suggested that you are overreacting? Yet you live several miles up a private road, only leave the property maybe twice a month, and you surveil your property using cameras. Hum, let me think about that.

    Quote Quoting blegl
    View Post
    I use multiple brands and types of security cameras myself. I have always (until now, at least) been courteous and kept them on and viewing my own properties, however.
    You didn't answer the question.

    Quote Quoting budwad
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    Have you spoken with the neighbor about your concerns? .

  10. #10
    Join Date
    Sep 2005
    Location
    California
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    20,407

    Default Re: Neighbor's Surveillance of Private Easement

    Are the cameras in a place where the owner of the cameras has lawful access to and could legally stand and observe? If the answer is, "Yes," then it is a near certainty that the cameras are legal. As has been stated, all because they may capture your comings and goings - even if that might (for some bizarre reason) be his intent - does not make their placement in any way unlawful.
    **********
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