How can I stop my neighbor from frequently looking over the 6' cedar fence around my back yard?

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I live in a development within the city limits where properties are immediately adjacent to each other. My back and side yards are enclosed by a 6' cedar fence with shrubs and trees lining to create privacy, separation, and a feeling of seclusion. Lately, one of my neighbors has been putting his ladder up against the fence on his side and looking into my yard. He has done this several times, sometimes wanting to discuss things on his mind, at other times from inside our house we have noticed him looking over the fence when there was no one in our back yard. I consider this to ba an invasion of my privacy, as I have a family who use our yard and deck for private functions. Is this activity of looking into our back yard legal? How can I make him stop?

Attorney Answer

1
Thuongtri Nguyen ·
As long as you are visible from his yard, you likely have no legal basis to claim privacy. In fact, if your "private functions" include activities involving sex or nudity, you may be the one violating various laws. Some persons may back off if directly confronted. So, if you tell your neighbor that you do not appreciate him climbing a ladder to look into your yard, perhaps he will stop doing it. Some cities do not prohibit using tall plants and trees to screen the view from neighbors. If your city does not prohibit homeowners from growing tall hedges, you can plant. (It may take a few years for the plants to grow tall enough.) If you live in an HOA or have a covenant limiting the height of plants, you need to abide by those restrictions. You can check the ownership of the fence. May be the fence is yours, his, or joint. If the fence is solely yours, he has no right to lean his ladder against your fence.
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