In nearly all neighbor disputes in Massachusetts, at least one of the sides tends to be acting unreasonably. In some cases, neighbors can go so far to inflict pain and suffering on you that they invade your privacy so severely that you may have legal recourse against them.
The neighbor disputes attorneys at the Katz Law Group have been in practice for more than four decades and have represented numerous people who have been subjected to egregious conduct by the people who live nearby.
Massachusetts Law on the Invasion of Privacy
Mass. G.L. c. 214, § 1B is the broad statute that gives people the right to file a lawsuit against someone who has violated their privacy. Massachusetts courts have recognized three kinds of invasion of privacy that run afoul of this law:
- Intrusion of seclusion
- Misappropriation of likeness
- Disclosure of private facts
When it comes to neighbor disputes, the first of these is the most common.
Intrusion of Seclusion
Intrusion of seclusion is what most people think of when they think of their neighbors invading their own privacy. It includes things like:
- Frequent trespassing
- Installing cameras on their property but pointing them at yours
- Eavesdropping
- Stalking or harassment
- Going through your trash and collecting sensitive information
- Filming you in a private setting without your consent
According to Massachusetts neighbor dispute lawyer David S. Katz, “Intruding into your seclusion is the most common way for neighbors to invade your privacy during a neighbor dispute. Unfortunately, the ways that they can invade your privacy is largely only limited to their own creativity. If the invasion of privacy is egregious enough, though, it can lead to a lawsuit.”
Misappropriation of Likeness
Probably the least likely type of invasion of privacy in the setting of a neighbor dispute, misappropriation of likeness is the use of your name or a picture of you for commercial gain and without your permission. For example, if a nearby business uses a picture of you and your name to attribute to a fake recommendation for their company.
Disclosure of Private Facts
If your neighbor publicizes sensitive information about you, like protected health or financial information, without your consent, then it can be the grounds for an invasion of privacy lawsuit.
What to Do if Your Privacy is Being Violated by a Neighbor
If your relationship with your neighbor or someone living close by is deteriorating and they are invading your privacy, the best thing that you can do is to document their conduct. Take pictures of any cameras that they are using to invade your privacy and make notes of when and where their actions occurred. If someone else witnesses it – even just a family member or friend – be sure to include that, as well, and ask them to write a statement about the incident.
Neighbor Dispute Lawyers at the Katz Law Group in Massachusetts
If you think that you may have a case for invasion of privacy or intentional infliction of emotional distress against your neighbor, call the Katz Law Group at (508) 480-8202 or contact them online.
