A homeowner installs video cameras on the walls of his property, which not only monitor his own property, but also his neighbor's property and a shared gateway. This leads to conflict, as the neighbor feels his privacy has been violated and takes the matter to court.

The legal background: personal rights vs. property rights

The owner of the monitored property demands that the cameras be aligned so that they only cover the defendant's property and not his access road or his own property. He also demands that the surveillance of his person by the neighbor be terminated. The plaintiff has a registered right of way that allows him access via the defendant's property.

There had already been disputes between the parties in the past because the defendant had taken unauthorized photos of the plaintiff. Now the cameras are causing further trouble. They are mounted at a height of around 4 meters on the wall of the rear building and at a height of 3.60 meters on the double garage and monitor the entrance and courtyard area.

The plaintiff feels constantly observed

The plaintiff argues that the cameras monitor the entire area of the gateway and therefore also his access path. In addition, the cameras would also record parts of his own property and house. He sees this as an infringement of his personal rights and demands that the cameras be adjusted so that he does not feel that he is being monitored. Despite an out-of-court request to realign the cameras, the defendants refused to comply.

The court decides: Cameras must be moved

The district court ruled in favor of the plaintiff. It ruled that the defendants must set the cameras so that they only monitor the defendant's own property and not the plaintiff's access or property. The court found that the surveillance by the cameras violated the plaintiff's right to privacy.

However, the court emphasized that the defendant's fundamental right to property is protected and that he has the fundamental right to monitor his own property. However, this surveillance must not extend into the neighbor's area and must be proportionate. Failure to comply could result in a fine of up to 250,000 euros, or alternatively imprisonment.

Clear limits for surveillance cameras

The case is an important precedent for dealing with surveillance cameras in neighborhood law. It is crucial that the privacy of the individual is protected and that surveillance measures do not encroach on the rights of others. The district court's decision sets clear boundaries and shows that personal rights must not be violated by excessive surveillance measures. Property owners should be aware that they must respect the privacy of their neighbors when installing surveillance cameras in order to avoid legal consequences. Stay vigilant and protect your rights!