Is it Legal for My neighbor to Eavesdrop On My Conversation in Public?

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My home is set on what is sometimes referred to as a zero lot line. My back porch is attached to the stockade fence that separates my property from my neighbor. It is an 8 foot fence. When I have friends over or when I am talking on my phone while enjoying my porch, my neighbor stands on his side of the fence and eavesdrops on our conversations. I have asked him to stop but he doesn’t. He seems very weird. Is it legal since he is on his own property? I am guessing it is but it sure is annoying and I would like to make him stop.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

Assuming that the fence is actually on the property line (this is often not the case), it’s true that your neighbor is not trespassing on your land. However, trespassing is not the only illegal thing that could be going on.

Whether your neighbor’s eavesdropping is actually illegal will depend on the balance struck by the laws in your area. You might want to consult with an attorney, or at least a friendly police officer, to get a better idea of whether any other laws are being broken here.

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Author: House Attorney