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brainrn02

peeping tom

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For thirteen plus years I've been living in my house with my elderly mother and the last of my three sons who in now 12. One of the reasons I bought my house is because it backs up to horse pasture so I have no neighbors behind me and it's fenced with a six foot privacy fence on all three sides. I've never really had any issues with either of my neighbors until last fall when when one  house was sold and new neighbors (or should I say neighbor) moved in. The new owner started sitting out on a deck built in his backyard. The problem is that his deck sits about two feet off the ground and about three to four feet from the fence. So every time it's nice out and we're in the pool, or I'm gardening or cutting the grass, or even if I want to lay out in the sun in a bathing suit I find this man on his deck looking over the fence and very often he has his guy friends with him. I feel like I have no privacy and he is a peeping tom. I would plant something, but that would take too long. It makes everyone very uncomfortable, including my son. I've tried looking up the city ordinances but all I could find were ordinances pertaining to "party" fences and permanent structures. I don't really know what to do. Can anyone make any suggestions?  

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On 4/28/2018 at 2:08 PM, brainrn02 said:

I feel like . . . he is a peeping tom.

 

Nonsense.  What you're implying is that you should be allowed to enjoy your yard, but he shouldn't be allowed to enjoy his yard.

 

As far as you lacking privacy, simple trigonometry tells me that, if your neighbor is seated on the 2' deck, he isn't going to be able to see anything in your yard at or below the height of the 6' fence (unless he's freakishly tall)

 

 

On 4/28/2018 at 2:08 PM, brainrn02 said:

I've tried looking up the city ordinances but all I could find were ordinances pertaining to "party" fences and permanent structures.

 

I'm really at a loss to understand what you think you might find in city ordinances.

 

 

On 4/28/2018 at 2:08 PM, brainrn02 said:

I don't really know what to do. Can anyone make any suggestions?

 

I agree with the prior response.  As you have described the situation, there's no legal issue here.

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Strange that telling him that he is making you uncomfortable didn't occur to you. Unless he is standing there staring at you it seems unreasonable to expect a neighbor wouldn't ever see you in your yard. If you really can't bear being seen, I'd suggest a higher fence or adding a trellis the length of his deck.

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It seems that there is a reason a privacy fence is called a privacy fence so why would anyone build a deck so close to one when that person has his entire rather large yard to do that in? And being uncomfortable was mentioned to this man who just doesn't care and yes, he just stares with beer in hand. Thanks for your suggestion

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Not at all, however maybe the law should dictate how close and how high a permanent structure should be to someone else's yard. He certainly is entitled to enjoy his yard everyday and all day if he wants, but just a little less of mine that's all. I may have misjudge the height of his deck since I've never been in his yard but if he sits on it I can certainly see him from his chest up and when he stands I can see him from his hips up. What makes it terribly uncomfortable is that he spends his time on his deck facing my direction instead of facing his own yard. I just feel like I have an audience.

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Such a law, probably part of the zoning laws, would be difficult to enforce, since where do you measure it from? Is he on the uphill side from you or the downhill side from you, Generally the restrictions are from the property line to the side of the house, or the side set back line. Very few cities or counties would want to get into measuring height. You best solution is to add a trellis to the top of your fence, to block his view.

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