We own property that the back yard looks at open space on a neighbor 12 acre property. The owner decided to retaliate and installed an 12 foot tall video camera that is pointed at our back yard and hot tub. What can be done about this?

Thank you for reaching out. I’m sure this situation is incredibly unsettling. No one wants to feel like they’re being watched while spending time in their backyard. Colorado law recognizes invasion of privacy claims when someone intentionally intrudes upon another's seclusion in a manner that would be offensive to a reasonable person. However, whether you have a reasonable expectation of privacy in your backyard depends on a few factors, including the proximity of your and your neighbor’s homes, whether your backyard is enclosed, and what steps, if any, you’ve taken to shield it from observation.  

Colorado courts have found that enclosed backyards with privacy fencing can support privacy expectations, even if partially visible from certain vantage points. 

Here are options you may consider:

1. Document the situation — Photograph the camera's position, height, and angle. Note when it was installed and any statements the neighbor made about retaliation.

2. Review governing rules — Check whether your property is subject to homeowners' association rules, covenants, or local municipal ordinances that regulate surveillance equipment or require setbacks for structures.

3. Demand letter — You could work with an attorney to send a formal letter demanding that the camera be removed or repositioned so it is no longer facing your backyard. This creates a record and may prompt removal without litigation.

4. Seek injunctive relief — If the neighbor refuses, you may file suit seeking a court order requiring camera removal or redirection. Courts can issue injunctions to stop ongoing privacy violations.

5. Consider additional claims — Depending on the facts, claims for nuisance, harassment, or intentional infliction of emotional distress may apply if the neighbor's conduct is extreme and deliberate.

Given the circumstances, you may benefit from speaking with a civil litigation attorney. They’ll be able to provide you with more tailored options based on additional details from you. If you’d like to schedule a consultation with a member of our team, call 303-688-0944 or book a consultation online.