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Published on 01.07.2020.
Yes, you can. This may be trespass to your land and lawfully actionable. You should talk to your neighbours and try come to an understanding. However, if this fails and you wish to make a complaint, you can contact the police or local council.
This claim may be difficult to make. While you were entitled to reasonably seize your dog for his or her protection, you may not have been entitled to enter the person's land. This could be found to be trespass. If you were walking your dog without a leash, and failed to keep watch of him or her, you may also have been negligent. Consideration of the Companion Animals Act 1998 (NSW) is required.
This may constitute a trespass if your enjoyment, air space or land usage are interfered with. If your neighbour is flying a drone outside an airspace boundary that is in your direct interest, their actions can be found to cause nuisance.
You cannot make a claim in trespass in these circumstances because there is no physical interference. The best solution would be to put up a physical barrier between you and your neighbour, such as a hedge, blinds or curtains.
If you feel that you are in immediate danger, you should contact the police. Alternatively, if you feel that the person is intentionally watching you on a regular basis, you can apply for an AVO for privacy infringement.
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