A HOMEOWNER fed up with his nosy neighbours peering into his garden shared how they installed a seven foot privacy fence to solve the issue.
However, their next-door neighbour then took matters into their own hands by constructing a fence of their own – and it had an unwanted addition.
Taking to Reddit the upset person wrote: “Built a 7 foot privacy fence.
“Neighbour raised his by two feet and put a camera facing into my backyard.
“I’ve been having problems with this neighbour since they moved in years ago.”
They shared how the neighbour had originally constructed their fence two feet in their property in 2020.
Annoyed at the loss of garden, the Reddit user had paid for a boundary survey and a lawyer so they could “correct their mistake.”
They continued: “Decided to build a privacy fence and be done with them once and for all this past November.
“One month later they raise the height of their fence and this pops up (facing front to back).”
The final straw came when they installed a CCTV camera on top of their fence, pointing into the Reddit user’s garden.
They added: “Police won’t do anything and I can’t afford a civil suit.”
People were quick to offer up their shock at the neighbour’s actions, with one saying: “It’s like having a 2023 peeping Tom. Not ok.”
One shared: “I’d put a big patio umbrella out there. The offset kind.
“Put it right in front of his camera. If he moves the camera, move your umbrella. Good luck.”
Another added: “You know birds love seeds. Just place a bird feeder in front of it. And maybe those birds will also fertilise that camera… Perfectly legal to enjoy nature!”
A one contributed: “I say you create a Nic Cage advent calendar type of thing.
“Choose a different pic of Nic Cage to block the camera every so often. Everybody wins!”
Legal experts say that if a neighbour’s CCTV records onto your property the position is regulated under the General Data Protection Regulation and the Data Protection Act.
You may be familiar with this when it comes to websites storing your data or companies sending you emails.
But Joanne Ellis, a partner at Warrington-based solicitor Stephensons, said if CCTV being captured falls outside of a homeowner’s property boundaries, the person capturing the CCTV becomes a data controller.
This creates a set of responsibilities for the CCTV owner.
The person captured has a right to be told a CCTV system is being used and what information is being recorded.
One study by Compare the Market revealed the top reason British neighbour's argue
Ellis said a subject access request can be made if a neighbour refuses to do this.
She said: “You can ask for the footage captured of you to be deleted – but it can be refused if there is a legitimate reason to keep it such as it captures a burglar.
“Any third parties that the CCTV is disclosed to, such as police and insurers, are also obliged to process the footage in accordance with the rules.”
Ellis said that a neighbour can request they are not captured on CCTV, but this might not be granted if the filming complies with regulations.
The CCTV owner must also process data in a lawful and transparent manner and only for specified and legitimate purposes.
Ellis said: “In a domestic context, this is usually to deter or record burglaries or theft.
“If the CCTV footage for example covers a potential entrance or exit and is not too intrusive for the neighbour the use is likely to be considered legitimate.”
The data processed must also be adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed.
Ellis added: “The importance here is the limiting – so if the coverage clearly captures far more than would be necessary to identity an offender it would breach the regulations.
“The data must also only be stored for an appropriate time – so after a reasonable period of time it is appropriate to delete the footage if it is not required evidentially.
“There may also be a harassment or nuisance claim depending on the extent of the filming and the circumstances of the case.”
As always with disputes, Ellis said, the best course of action is to speak with the neighbour, voice your concerns and try to reach agreement.
If that fails it may be worth taking legal advice, but this can be pricey.
The Information Commissioner’s Office also has a guide on what a CCTV owner needs to do and the rights of neighbours.
