Where does backyard privacy end?

[SpiderThug]

In the state of Queensland, nudity in your backyard becomes an act of public nudity should a person complain should be passing by and see you or should your neighbour see you as well. Where does line between what is your privacy meet the public interest of your neighbours?

In the recent Autumn edition of an Australian naturist magazine, "Sun and Health", a letter to the editor on pages 8 & 9 is replying to my letter in a previous edition about the police being called about nudity in my backyard. I should also mention that the complaining neighbour/s have also got upset with me practicing my pagan practices in my backyard.

This letter to 'Sun and Health' written by Craig & Eryn Marian, write that where they live in surbian Brisbane; "A person building a house on the block next door...with 500mm between the fence and downstairs walls of the house on the two sides and at the back...5-10 metres from the front boundary to the front wall of the house.

The worst of it is, on our side of the house there is a patio. The floor which is 1.5m above the top of the fence and overlooks almost our entire property. This patio is about 3m frm our house and looks directly over and down into our pool and spa...from the patio you could see right into our house, the dining room, the loungeroom and the kitchen."

They ask; "What I would like to know is - If I do get seen skinny dipping in the pool am I at fault because my neighbour saw me?

or,
Is my neighbour at fault because without the advantage of the patio he would never have seen me?"


Sadly, the answer, is that the neighbour has every legal right to complain. The police have every legal right to charge them for an act of public nudity.

[NudonyII]

Really? I was thinking that you could only get charged if visible from a public street. Is it just in Queensland? :(

[SpiderThug]

Really? I was thinking that you could only get charged if visible from a public street. Is it just in Queensland? :(

I don't know about other states but in Queensland, the neighbour only has to see you naked in your backyard and you're gone should they push it with the police.

When I had the police come here last year, I raised the issue of them deliberately watching my young children to which the police replied that that did not matter. All that matters is that the neighbour can see into your yard which takes priority.

So basically, it seems that it is legal to perv on children in their own yards but it is not allowed be seen by your neighbour in your yard.

[ChristineF83]

I've taken what I would consider to be reasonable precautions such as installing a 6-ft high privacy fence around our entire back yard. In return I should have a reasonable expecation of privacy. My neighbor jokingly told me once that he was on a stepstool inside his house installing new blinds and saw me sunbathing. We both kinda laughed about it since he and his wife know that I tend not to wear clothes alot outside when it's nice out. In all serious though, what if this guy was "offended" be being able to see into my yard?

[Nativenude]

In this seemly ever increasing tolerance for larger government this will be a faster growing problem. The laws vary from city to city but the short version of it is sad. Whether you are in the privacy of your own yard or even home, if a snoop can see thru a hole in the fence, over the fence or even thru closed blinds they can file a complaint. Forget their invasion of your privacy. The good thing is usually such charges are dropped but the nudist still gets hassled big time during the process and now very likely added to a sexual predator list even though they did nothing wrong. Public view by the way is not just from a street but just about any view including from the air, namely overhead planes, tree trimmers, personal on poles, etc. We now have some control freaks here locally pushing for the acquisition of small surveillance craft ( basically model planes with cams) to control a so called “criminal element”. But already there is talk of using them for any code and law violations that bring in monies (which would include sunbathers) to pay for them since arresting criminals doesn’t bring in revenue. Talk about big brother invasion of privacy.
For now the best answer is to take any precautions you can to avoid being seen and have neighbors that believe in live and let live. Also push for changes in any such laws in your area which make simple nudity a crime on any level.
Everyday more of our rights vanish and yet to many people are falling for the line that bigger and more expensive government is the answer. When listening to these politicians just remember the old saying : ultimate power corrupts ultimately.

[Qikdraw]

I've taken what I would consider to be reasonable precautions such as installing a 6-ft high privacy fence around our entire back yard. In return I should have a reasonable expecation of privacy. My neighbor jokingly told me once that he was on a stepstool inside his house installing new blinds and saw me sunbathing. We both kinda laughed about it since he and his wife know that I tend not to wear clothes alot outside when it's nice out. In all serious though, what if this guy was "offended" be being able to see into my yard?

Well this doesn't apply to me as my wife & I cannot practise nudism at home, not with her mother living with us. :( However some friends of ours who are nudists have done what you have done, installed privacy walls, but they have also mentioned to their neighbours that in nice weather they may be outside taking in the sun in the nude, also they use their jacuzzi nude as well. This might help out, but you have to be careful in letting people know too. I guess it depends on your relationship with your neighbours...

Qikdraw

[maxx]

In most areas of the US, if a person looks past a privacy fence they cannot make a compliant stick. We always run the risk of being arrested and charged until the facts come out.

Maxx

[nudeM]

On most accounts, if neighbors get along, nudity shouldn't be an issue. It can become one if a neighbor has certain times, i.e. visitors with kids, and they ask you to refrain. Should you continue and be seen, then a problem could brew.

As stated, normally neighbors have a better understanding of each others habits, especially older neighbors. Newer ones have to build up relationships and trust. I have had been around some great neighbors who know of my nudist habits, to which there are no objections. There are some new neighbors who moved in behind us. I'm sure they may have seen me a time or two, but nothing has been said as of yet.

Usually before a complaint is issued, a neighbor will discuss his/her objection beforehand, USUALLY. If the 'nudist' continues strutting around, then a complaint is in order. Mutual cooperation between neighbors is a must.:smoking:

[luvnaturism]

This thread is an example of the value of doing all that we can to establish positive friendships and cooperative relationships with neighbors. That would include, but not be limited to, telling your neighbors that you don't want to cause offense, so "please let me know if my backyard nudity is ever a problem for you." At least you may keep them from calling the police. Once they have done that, all hope of a good relationship is gone.

[OZJames]

SpiderThug - in NSW Australia, (not that I am saying that NSW has good Government - which it doesn't), if new extensions are proposed to be added to the house next door it is unlikely that a high patio that overlooks neighbours backyards would be allowed to be built. However I guess it too late for you now as it is already there. We have friends that do a lot of skinny dipping and sunbaking in their backyard and they put up a large high lattice fence and that protects them from unwanted viewers. A creeper could be grown over it for added protection.

I hesitate to ask this as I think I know what you will say, but, have you taken a bottle of wine in next door and sat down and had a good chat with them ?

[MJ_KC]

I have made certain that my backyard areas are protected from view. I have checked them for visibility myself and could not see any possibility that anyone could see me. On my upper deck, they would have to be on the roof of the house next door or on a very tall ladder. I would be able to hear them outside working before it got to that point.

[SpiderThug]

SpiderThug - in NSW Australia, (not that I am saying that NSW has good Government - which it doesn't), if new extensions are proposed to be added to the house next door it is unlikely that a high patio that overlooks neighbours backyards would be allowed to be built. However I guess it too late for you now as it is already there. We have friends that do a lot of skinny dipping and sunbaking in their backyard and they put up a large high lattice fence and that protects them from unwanted viewers. A creeper could be grown over it for added protection.

I hesitate to ask this as I think I know what you will say, but, have you taken a bottle of wine in next door and sat down and had a good chat with them ?

This house is not mine. As I believe I included, it was taken from an Australian naturist magazine.

[redrocksnudist]

I don't have a backyard...

but i would think the "line of sight" would be pretty important here...

but as others mentioned, there are the "what ifs"...

neighbors trimming trees, getting their roof fixed...

so i would think "timing" might be important...

but wait! what if a plane flies over your yard?

OK what if it's flying really low :-)

you can't really eliminate ALL possibility of being seen...

unless you are only a "closet" nudist (literally)...

just give me a nice big place in the country, with little or no neighbors nearby...

that would be ok by me...

Take Care,

Daniel

[sdson]

Here's my suggestion. I'm not sure of what plant you have in Australia but maybe you should consider planting some type of hedge or trees on your property that would effectively insure you and your family's privacy and block their view.

Our pool was visible from our neighbor's yard and be planted hedges that block their view. This works for us. Since the hedge is planted on our property we maintain it and our neighbors have no say in how high we let it grow as long as we keep it neatly trimmed.

[atalanta]

Here's my suggestion. I'm not sure of what plant you have in Australia but maybe you should consider planting some type of hedge or trees on your property that would effectively insure you and your family's privacy and block their view.

Our pool was visible from our neighbor's yard and be planted hedges that block their view. This works for us. Since the hedge is planted on our property we maintain it and our neighbors have no say in how high we let it grow as long as we keep it neatly trimmed.

Plant your seedlings and wait 10 years! Not very satisfactory for most. We had to replace part of our hedge bordering the road when we moved to the current house 8 years ago. For several years dogs would walk through it, workmen push through it, etc. It is now plenty high enough but lacks low-down density. Probably we did not select the best kind of hedge but I am not keen to begin again.

[nudebushwalker]

Really? I was thinking that you could only get charged if visible from a public street. Is it just in Queensland? :(

In Australia the laws concerning nudity, lewd and obscene behaviour and such is on a state-by-state basis - it is not covered by Federal laws.

I'm only familiar with the situation here in NSW..
However, I do know that the well-populated parts of Queensland often seem to be subjected to some harsh and unfair rulings - they may very well be the most nudist-unfriendly government in Oz...

For those people who plan on visiting Qld it may be wise to head out of town..

[nudebushwalker]

Plant your seedlings and wait 10 years! Not very satisfactory for most. We had to replace part of our hedge bordering the road when we moved to the current house 8 years ago. For several years dogs would walk through it, workmen push through it, etc. It is now plenty high enough but lacks low-down density. Probably we did not select the best kind of hedge but I am not keen to begin again.

Down here it can be possible to get a decent hedge up in 2 or 3 years - even less in FNQ (Far North Queensland..) or over around Darwin.

Down here in NSW, good natives for screening could include Lilly Pillies or Pittosporum, while 'Pepper trees' are one import that can make a fast growing screen, as could bamboo..

[CharlesLogan]

One only has to think of the Patriot Act to remember that many of our personal freedoms and rights are slowly being taken away. I don't know if one's arrest for being naked could come under the Patriot Act, but the loss of a simple right to be naked in your own backyard does follow the same trend.
CharlesLogan

[eagle59]

Many years ago one of the neighbors called the police on me because they saw me outside in my backyard in the spa in the nude. When the police came they asked if it was true and when I confessed that it was they told me to do myself a favor and put up a privacy fence so that the neighbors wouldn't bother them with this anymore. They said that I could do what I want on my property as long as I don't offend anyone else while I do so. If I put up the fence then I have done my part not to offend them and I was ok to be nude in the yard. I thanked them and they left. Not long after that I moved to the country so it was a non issue at that point.

[the-natural-one]

Sounds funny to think people would climb a tree to get a look, but other then having planes and helicopters fly over me one of my neighbors was "trimming his tree" very quietly and high up one day when I was laying out nude and heard a branch break off
He may have gotten an eye full but what can I say LOL.

[nudeM]

Just this past summer, one of our neighbors painted their house (exterior). They started in the front and worked from there on. I asked them (a Mother and her Son are the only occupants) if they had any problems with me while they paint the back. Knowing what I was leading to, she stated she didn't have any problems. I made sure several times to make it clear that I am always naked in the backyard and if they had a problem, I would refrain, but they didn't have any objections.

So to test the waters, they began to paint the side of the house and I made my usual backyard appearance. The lady painted the walls and the Son painted the eaves and window frames on a ladder. Everything went fine. Then they moved to the back of the house and again, the lady continued to paint the sides and the Son got on the ladder and painted the eaves and window frames. The Son eventually had to get on top of the roof to paint the high pitches. At times, the lady got on the ladder and painted the window frames while the Son was on the roof. It took them about three to four weeks to paint the entire house. They did most of the work on weekends.

Well, the weekends are my 'naked days'. That said, the outside temperatures were rather hot, so of course I enjoyed the outdoors. And yes, they both saw me naked alot. I did have a small project I did at the same time. I built a small shed, so that was my main reason for wanting to be in the back. I built the entire shed nude and I had to use the ladder for the roof. This time I put on some shorts. I did not want to push my limits to all the neighbors. The 'painting' neighbors knew of my nudity in the back and they accepted it. But I did not want to share with the other neighbors that had a clear sight above the fence line. So I put on some shorts while on the ladder, even though the other neighbors may have seen me through the fence at times. Above the fenceline, you are exposed to the entire neighborhood which could lead to problems.

This just goes to show what happens when you have built a trust between yourself and the adjoining neighbors. In the front, we converse all the time. I think they don't like to converse too much while in the back (talking to a naked man). I've tried that before and they speak without looking. So I remain mute. LOL But while I was on the ladder, I asked them a question and she hesitated before turning around. She noticed I had on shorts, she spoke to me. I would've never asked her a question on the ladder while I was nude in the first place. That would take it a little too far.

[DKirkpatrick]

In most areas of the US, if a person looks past a privacy fence they cannot make a compliant stick. We always run the risk of being arrested and charged until the facts come out.

Maxx


I'd add a caveat to this myself.

The responsibility falls to the nude person to shield themselves from view for the most part. Laws vary by state (in the USA) but there are some general rules of thumb to consider.

If, in the course of regular every-day usage, a neighbor can see into your back yard,l even if you have a privacy fence installed, they could complain. An example might be if they can see from a second story window into your back yard. The same would be true if they could see into a window or doorway. You need to pull the shades or blinds.

Of course, if the neighbor has to go to lengths to see, then it is different. For example, if they cannot see into your yard from a porch or 2nd story window, but if they climb up onto their roof for a peak, or climb a tree, then they are going to extremes to subvert your privacy. However, keep in mind that they can still complain and put you through the wringer, even if they are in the wrong. This is why lawyers were invented.

A naturist friend of mine rebuilt his property to assure himself legal standing in his state with respect to backyard nudity.

First, he planted shrubs and trees on his property line to reduce any extant views.

Second, he raised the level of his property around his back yard by 5 feet by installing a dirt berm. This created a raised dirt wall around the area he wanted to shield. In his state you can raise the level of your land like this up to 5 feet without any zoning variances.

Third, on top of the berm he installed a 6 foot fence. Again, the limit for a fence under local zoning was 6 ft, but when combined with the 5 ft dirt berm he effectively had an 11 foot rise. There were no restrictions atth etime on combined height (some states may have this and require a variance).

Now, the key here was that the berm and fence were installed about 20 feet inside his actual property line. At the edge of his property line he installed just a small 3-4 foot fence to show where his land started.

As a result of this work which took him about 3 years to complete, his backyard was completely shielded. We were able to have hot tub parties in his yard and use a sauna he built - both outdoors, and cookout nude on his patio.

If anyone complained, they would have had to have walked onto his property (trespassing), through the shrubs, and peer through a crack (if any) in his privacy fence. They went to extremes to violate his privacy.

This combination would negate any legal legs to any complaints.

We often feel that it is our right to be nude in our own homes - and it is - but the laws in most states are written in such a way that if you can be seen through an open window or door, you are at risk of being arrested. We may not want to be forced to pull the shades but as noted, it remains the responsibility of the nude person to assure thay are not in view of the passing public.

DMK

[yyanna2]

Is It true..It happens in queensland..I didn't aware of this

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