Hezek Reiah (damage by peering at a neighbor’s property – invasion of privacy)

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  • May 15, 2017 1:40 pm at 1:40 pm #1276027
    blubluh
    Participant

    The home I purchased decades ago included a raised, covered deck in the back yard. I placed lawn chairs there and have found it a pleasant place to read while enjoying the fresh air when the weather – and the bugs – are “just right”. I have also occasionally enjoyed watching birds, groundhogs, squirrels and feral cats, etc. going about their business.

    However, as my level of Torah education has grown, I’ve become more aware of the issue of hezek reiah that may arise since I can also see sizeable portions of my neighbors’ properties from my vantage point. I’m not expert in these matters and haven’t yet ask my rav for a psak, but it’s conceivable to me that a neighbor need not even be in his yard at the time or even notice in order to suffer damage. Perhaps, just my ability to peer into his property is de facto damage.

    Any thoughts? (yes, I’m soliciting opinion and not psak halacha. I find such discussions enlightening just the same).

    May 15, 2017 4:52 pm at 4:52 pm #1276640
    Joseph
    Participant

    What parts of your neighbor’s property are visible to you that aren’t visible from public property?

    Is it obvious to your neighbors that someone in your property could see their property?

    May 15, 2017 5:33 pm at 5:33 pm #1276919
    ayid
    Participant

    I have 2 points that might help you.
    1. If I remember correctly the Chazon Aish hlods that the חצר that the Gemara is referring to, is not the same as the yards we have now-days. Since yards are not intended for use for private usage…..
    2. Is your question if you can have your neighbor pay for half of the wall, or your question is if you may sit out on your patio. as far as I Know there is no isurr to see or even stare into your neighbors property, the only place it is mentioned is starring own you neighbors garden and that because of iyn horah.

    May 16, 2017 8:39 am at 8:39 am #1277056
    blubluh
    Participant

    Joseph: The portion of my neighbor’s property I’m referring to is the backyard where my deck is located. From the deck, I have an unobstructed view of the entire backyard of the property to the left and that of the property behind mine. Yes, my presence is clearly noticeable to anyone glancing in my direction.

    In case this helps any, the layout of the block is two rows of adjacent Cape Cod-style homes, each row facing the opposite direction of the row behind it. For example, the houses to the left and right of mine face South and those behind us face North.

    Ayid: Yes, I’m only inquiring about my looking/peering at my neighbors’ yards (and at my neighbors, by extension). No one is requesting that a wall be constructed. So far, there’s no one is tending a garden in the sense of growing produce. Just lawns with flowers and trees around the perimeter.

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