Surveillance and Nuisance

Can a neighbour install cameras that look onto or into your property? Whilst there hasn’t been a lot of recent case law on this, it is a pertinent topic due to the rise in properties installing surveillance cameras (largely for security purposes). When does this kind of action become a nuisance?

Whilst there is no actionable cause for breach of privacy in Australia for an individual, if you have a snooping neighbour you may be able to make a common law claim in nuisance. Nuisance is where there is substantial, unreasonable and repeated or ongoing interference with the use or enjoyment of your land caused by a third party. This generally cannot be trivial.

In a previous case we covered (Au v Berlach [2022] NSWSC 81) with respect to easements, the court additionally found that the defendants had established a cause of action in nuisance on the basis that the neighbour had 'set up an elaborate surveillance system designed to snoop on the activities of [their neighbours] on the easement' and had spent hours reviewing the footage. This included 14 cameras and footage of the neighbours children, and this was accepted by the Court as distressing for the family being surveilled. The use of the CCTV cameras was a substantial and unreasonable interference of their enjoyment of the easement. This case also made it clear that nuisance can be made out when the land in question is an easement and not an individual’s property.

Takeaway: If you have neighbours that use cameras that unreasonably interfere with your enjoyment of your land, you may be able to deal with any issues through a claim in nuisance.