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Thread: Legality??? - Taking pictures over privacy fence

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    Legality??? - Taking pictures over privacy fence

    Friend of mine has a landscaping business, most of the time the heavy duty equipment is kept off-site away from his home, which is on a one-acre lot, but their are occasions he will bring his dump truck, and bobcat, etc to his home if he comes home late blah blah blah. He's got a six foot privacy fence surrounding his entire property, except for the wrought iron gate to his driveway. He's got an old crochety neighbor behind that complains non-stop to the city. He's been complaining for almost eight years now, its all on record with the city. This neighbor recently took pics of heavy duty equipment, and it obvious they were taken from OVER the privacy fency, not sure if it matters, but complaining neighbors home is a single-story.

    It was/is my understanding it is illegal to take photgraphs over a privacy fence. That one cannot go above and beyond to take photos.

    Plus there are documented emails where the neighbor contacted code compliance, stating they could come over and look over the fence, then code compliance responds back saying items were moved when they looked over the fence.

    thanks for any assistance

  2. #2
    asshat hayden_horn might be a clever chap. or know the right people. know what i mean, nudge nudge? hayden_horn might be a clever chap. or know the right people. know what i mean, nudge nudge? hayden_horn might be a clever chap. or know the right people. know what i mean, nudge nudge? hayden_horn might be a clever chap. or know the right people. know what i mean, nudge nudge? hayden_horn might be a clever chap. or know the right people. know what i mean, nudge nudge? hayden_horn might be a clever chap. or know the right people. know what i mean, nudge nudge? hayden_horn might be a clever chap. or know the right people. know what i mean, nudge nudge? hayden_horn might be a clever chap. or know the right people. know what i mean, nudge nudge? hayden_horn might be a clever chap. or know the right people. know what i mean, nudge nudge? hayden_horn might be a clever chap. or know the right people. know what i mean, nudge nudge? hayden_horn might be a clever chap. or know the right people. know what i mean, nudge nudge? hayden_horn's Avatar
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    don't know about the legality, but dump truck tops 6 feet. i wouldn't be the happiest neighbor around either if the view over my fence was dominated by construction equipment a lot of the time, especially depending on how late this heavy equipment is rolling into the property.

    how big is the property? HOA?

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    asshat dmtx is probably perfectly normal.  Probably. Maybe. Who cares? dmtx is probably perfectly normal.  Probably. Maybe. Who cares? dmtx is probably perfectly normal.  Probably. Maybe. Who cares? dmtx is probably perfectly normal.  Probably. Maybe. Who cares? dmtx is probably perfectly normal.  Probably. Maybe. Who cares? dmtx is probably perfectly normal.  Probably. Maybe. Who cares? dmtx is probably perfectly normal.  Probably. Maybe. Who cares? dmtx is probably perfectly normal.  Probably. Maybe. Who cares? dmtx is probably perfectly normal.  Probably. Maybe. Who cares? dmtx is probably perfectly normal.  Probably. Maybe. Who cares? dmtx is probably perfectly normal.  Probably. Maybe. Who cares?
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    I guess he sold the dump truck awhile back. But he rolls in with his flatbed trailer, sometimes once a week, but never after dark. There is no HOA. He is on one acre, corner lot, and shares property line with four other homes. This one neighbor is the only complainee. This neighbor only has a .16 acre lot, when the fence blew down a few years ago, neighbor refused to pitch in any money.

  4. #4
    Pictures of construction equipment is not what I thought this would be about.


    Perhaps a strongly worded letter to the neighbor left on said privacy fence?

  5. #5
    asshat Dolemite Shaggy Gold Club Dolemite Shaggy Gold Club Dolemite Shaggy Gold Club Dolemite Shaggy Gold Club Dolemite Shaggy Gold Club Dolemite Shaggy Gold Club Dolemite Shaggy Gold Club Dolemite Shaggy Gold Club Dolemite Shaggy Gold Club Dolemite Shaggy Gold Club Dolemite Shaggy Gold Club
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    Sorry but on what grounds does the neighbor complain?? Is it against zoning laws or subdivision restrictions to have heavy equipment on the property?
    The fact that the code people came out and took pictures means they have an interest. Maybe your friend should find another place to park his stuff.
    Last edited by Dolemite; 09-08-2010 at 06:25 PM.

  6. #6
    asshat dmtx is probably perfectly normal.  Probably. Maybe. Who cares? dmtx is probably perfectly normal.  Probably. Maybe. Who cares? dmtx is probably perfectly normal.  Probably. Maybe. Who cares? dmtx is probably perfectly normal.  Probably. Maybe. Who cares? dmtx is probably perfectly normal.  Probably. Maybe. Who cares? dmtx is probably perfectly normal.  Probably. Maybe. Who cares? dmtx is probably perfectly normal.  Probably. Maybe. Who cares? dmtx is probably perfectly normal.  Probably. Maybe. Who cares? dmtx is probably perfectly normal.  Probably. Maybe. Who cares? dmtx is probably perfectly normal.  Probably. Maybe. Who cares? dmtx is probably perfectly normal.  Probably. Maybe. Who cares?
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    No subdivision restictions. Older neighborhood.

    Nothing in code compliance says he can't have bobcat on his property. It only says you can't park a tractor trailer rig. Then it states equipment cannot be parked in front of the house, or on the property that fronts a street. Neither applies, he is on a no outlet street, and his driveway starts where the street ends. Equipment is parked in the back.

    Anything from -
    TRAFFIC - this neighbor doesn't even live on his street, and my friends street is a no outlet street. Excessive traffic of work vehicles coming in and out of property
    OPERATING A BUSINESS FROM HIS HOME - under the city code, this does not apply. He doesn't have customers coming to his property. There is not a lot of in and out of traffic. Its not like a home salon or day care.
    PUBLIC NUISANCE - allowing build up of his landscaping supply; rocks, stones, plants, this has all been cleaned up for six weeks now
    Last edited by dmtx; 09-09-2010 at 09:49 AM.

  7. #7
    DERPTY DERP DERRP ACK!! MrPhlegm might be a clever chap. or know the right people. know what i mean, nudge nudge? MrPhlegm might be a clever chap. or know the right people. know what i mean, nudge nudge? MrPhlegm might be a clever chap. or know the right people. know what i mean, nudge nudge? MrPhlegm might be a clever chap. or know the right people. know what i mean, nudge nudge? MrPhlegm might be a clever chap. or know the right people. know what i mean, nudge nudge? MrPhlegm might be a clever chap. or know the right people. know what i mean, nudge nudge? MrPhlegm might be a clever chap. or know the right people. know what i mean, nudge nudge? MrPhlegm might be a clever chap. or know the right people. know what i mean, nudge nudge? MrPhlegm might be a clever chap. or know the right people. know what i mean, nudge nudge? MrPhlegm might be a clever chap. or know the right people. know what i mean, nudge nudge? MrPhlegm might be a clever chap. or know the right people. know what i mean, nudge nudge? MrPhlegm's Avatar
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    a few minutes with a bulldozer should do the trick.

  8. #8
    If the person is not trespassing on your friend's property, than I can not find any penal code provision that would prohibit that picture taking at all.

    MAYBE some generic harassment provision would apply. MAYBE.

  9. #9
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    ask roflcox

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    asshat Beau Vine might be a clever chap. or know the right people. know what i mean, nudge nudge? Beau Vine might be a clever chap. or know the right people. know what i mean, nudge nudge? Beau Vine might be a clever chap. or know the right people. know what i mean, nudge nudge? Beau Vine might be a clever chap. or know the right people. know what i mean, nudge nudge? Beau Vine might be a clever chap. or know the right people. know what i mean, nudge nudge? Beau Vine might be a clever chap. or know the right people. know what i mean, nudge nudge? Beau Vine might be a clever chap. or know the right people. know what i mean, nudge nudge? Beau Vine might be a clever chap. or know the right people. know what i mean, nudge nudge? Beau Vine might be a clever chap. or know the right people. know what i mean, nudge nudge? Beau Vine might be a clever chap. or know the right people. know what i mean, nudge nudge? Beau Vine might be a clever chap. or know the right people. know what i mean, nudge nudge? Beau Vine's Avatar
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    Quote Originally Posted by dmtx View Post
    It was/is my understanding it is illegal to take photgraphs over a privacy fence. That one cannot go above and beyond to take photos.
    Then Google Earth would have about 90 million lawsuits pending against it.

  11. #11
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    Quote Originally Posted by Beau Vine View Post
    Then Google Earth would have about 90 million lawsuits pending against it.
    I think it was in Japan or something but the gov made google redo the google-street pics because the angle/height from which they were taken was peering over fences too much. Cannot remember if it was a certain city gov or something bigger.

    here we go http://www.google.com/url?sa=t&sourc...isJSJw&cad=rja

  12. #12
    asshat dmtx is probably perfectly normal.  Probably. Maybe. Who cares? dmtx is probably perfectly normal.  Probably. Maybe. Who cares? dmtx is probably perfectly normal.  Probably. Maybe. Who cares? dmtx is probably perfectly normal.  Probably. Maybe. Who cares? dmtx is probably perfectly normal.  Probably. Maybe. Who cares? dmtx is probably perfectly normal.  Probably. Maybe. Who cares? dmtx is probably perfectly normal.  Probably. Maybe. Who cares? dmtx is probably perfectly normal.  Probably. Maybe. Who cares? dmtx is probably perfectly normal.  Probably. Maybe. Who cares? dmtx is probably perfectly normal.  Probably. Maybe. Who cares? dmtx is probably perfectly normal.  Probably. Maybe. Who cares?
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    Quote Originally Posted by Beau Vine View Post
    Then Google Earth would have about 90 million lawsuits pending against it.
    A friend that used to be a private investigator, who investigated insurance claims, told me they were not allowed to video the subject over a privacy fence. The court tossed the evidence (video) because the subject had an expectation of privacy in his backyard with the privacy fence. But, you could be in the street, and if the subjects front windows were wide open, you are permitted to film in his own home.

  13. #13
    DERPTY DERP DERRP ACK!! MrPhlegm might be a clever chap. or know the right people. know what i mean, nudge nudge? MrPhlegm might be a clever chap. or know the right people. know what i mean, nudge nudge? MrPhlegm might be a clever chap. or know the right people. know what i mean, nudge nudge? MrPhlegm might be a clever chap. or know the right people. know what i mean, nudge nudge? MrPhlegm might be a clever chap. or know the right people. know what i mean, nudge nudge? MrPhlegm might be a clever chap. or know the right people. know what i mean, nudge nudge? MrPhlegm might be a clever chap. or know the right people. know what i mean, nudge nudge? MrPhlegm might be a clever chap. or know the right people. know what i mean, nudge nudge? MrPhlegm might be a clever chap. or know the right people. know what i mean, nudge nudge? MrPhlegm might be a clever chap. or know the right people. know what i mean, nudge nudge? MrPhlegm might be a clever chap. or know the right people. know what i mean, nudge nudge? MrPhlegm's Avatar
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    you friend needs to give todd palin a call

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    What if you're over 6'? I think if I wanted a "PRIVACY FENCE" I'd at least do 8'. I'm 6'6" so seeing over a 6' requires nothing more than just walking up to it.

  15. #15
    Quote Originally Posted by TxArch View Post
    ask roflcox
    tripods on top of roofs do wonders.

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    two story homes should be illegal.

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    Quote Originally Posted by hitbyatrain View Post
    Just because something isn't admissible in court doesn't mean it's illegal.
    Shhh. That's a trade secret.

  18. #18
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    1. Hire kid to sit naked in yard.
    2. Nosy neighbor takes pictures.
    3. Have nosy neighbor busted for child porn.
    4. ?????
    5. Profit

    It's not clear from the OP what the issue actually is. Is the friend being cited or harassed by the city in some way? If not, tell him to sack up and ignore the neighbor or solicit the Shaggy goon squad to take care of it.
    Last edited by idigTexas; 09-09-2010 at 06:20 PM.

  19. #19
    What can be seen from a public area is open game to photo. If you're 8 feet tall, I guess you just get to see more?

  20. #20
    asshat bernorange is probably pretty witty. or good at photoshop. or porn. bernorange is probably pretty witty. or good at photoshop. or porn. bernorange is probably pretty witty. or good at photoshop. or porn. bernorange is probably pretty witty. or good at photoshop. or porn. bernorange is probably pretty witty. or good at photoshop. or porn. bernorange is probably pretty witty. or good at photoshop. or porn. bernorange is probably pretty witty. or good at photoshop. or porn. bernorange is probably pretty witty. or good at photoshop. or porn. bernorange is probably pretty witty. or good at photoshop. or porn. bernorange is probably pretty witty. or good at photoshop. or porn. bernorange is probably pretty witty. or good at photoshop. or porn. bernorange's Avatar
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    Maybe your friend should paint some nice frescos of heavy duty equipment on his fence (you know, the one he paid for without the crotchety neighbor's assistance).

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