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Surveillance camera on my easement

Discussion in 'Other Ownership, Use & Privacy Issues' started by B.Legl, Apr 6, 2019.

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  1. B.Legl

    B.Legl Law Topic Starter New Member

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    Jurisdiction:
    Montana
    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. mightymoose

    mightymoose Moderator

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    No. The camera is on the neighbors property and is apparently not violating any right to privacy.
    Your best course of action here is to do nothing. Why should you care if the camera sees you come and go?
    Any retaliatory action is only going to contribute to making life miserable for both of you. Ignore it, or if you must, wave your finger at it every time you pass.
     
  3. B.Legl

    B.Legl Law Topic Starter New Member

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    Because the neighbor has already done numerous things to me or my property that have had me need to call law enforcement in the past. They are bad people.
     
  4. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    You may wish to speak directly to local attorney or law enforcement to determine whether special circumstance or local law exists which would prevent such installation and use of a wireless camera in that area. Like @mightymoose I am guessing that such a restriction on one's own property of open spaces will likely be challenging, especially one in which they have an equal right of access.
     

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