Can My Neighbor Take Pictures of My Private Property Without My Consent?


Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

Can my neighbor take pictures of my private property which includes my car license plates, garage, and my apartment door?

Generally speaking, a person can take pictures of your private property as long as the photographs are taken from public property. So, as long as your neighbor is taking pictures from the street or sidewalk, or his own property, he is probably not violating your privacy. Any property that is visible from a public place does not have an expectation of privacy, and so you cannot claim that he is intruding on your privacy. If your neighbor is on your property (without permission) when the photos are taken, you can probably establish a trespass claim, regardless of whether the property is visible from a public place.

Depending on how many pictures your neighbor is taking, the purpose of the photos, and what he does with the photos, you may be able to establish that your neighbor is harassing you. If you believe this may be the case, you can speak with your local prosecutor’s office. They will consider your claim and advise you as to whether they can pursue criminal charges against your neighbor. You can also consider requesting a Temporary Restraining Order or Temporary Protection Order to prevent your neighbor from coming within a certain distance of your property or photographing it. You can contact an attorney or your local courthouse to learn the process for an order.