Common neighbour problem plaguing Aussie houses: 'No right'
Welcome to Yahoo Finance's legal column, where lawyers Alison and Jillian Barrett from Maurice Blackburn tackle problems everyday Aussies face — whether it be consumer, property, or money matters impacting relationships or work.
This week an Aussie is concerned their neighbour has built too close to their house and ruined their privacy.
Question
I live in Sydney and have an issue with my neighbour. Well, more that a house was built right behind us and they are high enough that they can see right over our fence and through our whole house.
I hated it so much we ended up putting up a higher fence. But if they look out their upstairs window they can still see my entire backyard and into the back rooms of my house. Is there anything I can do about it? Was there something I should have done before it was built. I never considered it, and now it makes me feel our family has completely lost our privacy.
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Answer
Privacy is essential to feeling safe in your own home and it is important to understand your legal rights and the steps you can take to protect your family.
Right to privacy
In NSW, there is no explicit right to privacy that prevents neighbours from looking into your property.
The law would not consider that your neighbour’s windows or balconies looking directly into your home or yard (also known as “mere overlooking”) is unlawful.
The law generally does not consider it a nuisance unless the behaviour is excessive or unreasonable.
Nuisance
If your neighbour's actions are causing a significant disturbance, it might be considered a nuisance.
Nuisance is when someone does something that interferes with your use and enjoyment of your property.
The interference must be substantial and unreasonable. Occasional or minor intrusions likely wouldn’t meet the threshold.
The first step would be to talk to your neighbour about the issue. They may not be aware of your concerns and might be willing to take steps to reduce the impact on you.
If this doesn’t resolve the issue and the visual intrusion is significant, you can take legal action to bring a civil claim of private nuisance, seeking a remedy such as an injunction to stop the behaviour.
If you wish to do this, you can start by speaking to a community legal centre for advice.
Criminal offences
There are various offences under the Crimes Act that relate to “peeping or prying”.
However, these acts are only a crime if your neighbour was intending on observing you doing a private act, as opposed to being able to see your home purely because of the layout of your homes.