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Milford Law Articles
Technology is a wonderful thing. A new craze sweeping the nation is security cameras at private homes. Today security cameras can be installed professionally at someone’s home, at their business or one can purchase an easy “do it yourself” security system with cameras from Walmart. All have the ability to record and preserve footage.
Whether it is a door bell with a video camera or a motion sensor camera on the side of a home, a person can know who is at their property, who came to their property or even who is walking near their property at any given time. These systems are so technologically savvy that one can access the footage from their smartphone seeing it in real time and even save it to a hard drive.
Initially, it sounds like a wonderful thing, until you think you are being watched. You are having a nice dinner in your backyard and you are being watched. You are going swimming and being watched. You want to relax in your hot tub and being watched. You are washing your car in your driveway and being watched. Your kids are playing in the backyard and being watched.
You see, many of these cameras can zoom in, zoom out, are very clear, have microphones and even have night vision. At this time, there is no general requirement that the owners and operators of these video cameras obtain the approval of any governmental entity before installing and using them. Chapdelaine v Duncan, 2014 WL 6996296.
Could the installation of video security cameras by your neighbor violate your rights to privacy?
“To succeed in a claim for invasion of privacy, one must prove ‘(a) unreasonable intrusion upon the seclusion of another; (b) appropriation of the other’s name or likeness; (c) unreasonable publicity given to the other’s private life; or (d) publicity that unreasonably places the other in a false light before the public.’” Id. at *5.
“The State has restricted video and other camera use in limited circumstances; see, Conn. Gen. Stat. Section 53a-189a, banning ‘voyeurism’ which is defined as maliciously recording a person (a) without the knowledge and consent of such other person, (b) while such other person is not in plain view, and (c) under circumstances where such other person has a reasonable expectation of privacy.” Id. at *14.
Whether or not the placement of a video camera violates a person’s privacy is evaluated on a case by case basis.
The Supreme Court in the United States v Dunn, 480 U.S. 294, 107 S.Ct. 1134 (1987) recognized that a person’s home is a particularly sensitive area and that, at least, for purposes of criminal law enforcement the home may be subject to a higher level of privacy than other areas would be.
The Court has established a four (4) prong test for someone to claim the increased level of privacy of their home. (1) the proximity of the area claimed in relation to the home, (2) whether the area is included within an enclosure surrounding the home, (3) the nature of the uses to which the area is put and (4) the steps taken by the resident to protect the area from observation from other people passing by.
The saying goes, “good fences make good neighbors.” But what good is a fence if the video camera on the side of the house next door is directed into your home or backyard?
If you feel as if your privacy rights are being violated please give Kapusta, Otzel & Averaimo a call. We’re here to listen and advise.
Whether it is a door bell with a video camera or a motion sensor camera on the side of a home, a person can know who is at their property, who came to their property or even who is walking near their property at any given time. These systems are so technologically savvy that one can access the footage from their smartphone seeing it in real time and even save it to a hard drive.
Initially, it sounds like a wonderful thing, until you think you are being watched. You are having a nice dinner in your backyard and you are being watched. You are going swimming and being watched. You want to relax in your hot tub and being watched. You are washing your car in your driveway and being watched. Your kids are playing in the backyard and being watched.
You see, many of these cameras can zoom in, zoom out, are very clear, have microphones and even have night vision. At this time, there is no general requirement that the owners and operators of these video cameras obtain the approval of any governmental entity before installing and using them. Chapdelaine v Duncan, 2014 WL 6996296.
Could the installation of video security cameras by your neighbor violate your rights to privacy?
“To succeed in a claim for invasion of privacy, one must prove ‘(a) unreasonable intrusion upon the seclusion of another; (b) appropriation of the other’s name or likeness; (c) unreasonable publicity given to the other’s private life; or (d) publicity that unreasonably places the other in a false light before the public.’” Id. at *5.
“The State has restricted video and other camera use in limited circumstances; see, Conn. Gen. Stat. Section 53a-189a, banning ‘voyeurism’ which is defined as maliciously recording a person (a) without the knowledge and consent of such other person, (b) while such other person is not in plain view, and (c) under circumstances where such other person has a reasonable expectation of privacy.” Id. at *14.
Whether or not the placement of a video camera violates a person’s privacy is evaluated on a case by case basis.
The Supreme Court in the United States v Dunn, 480 U.S. 294, 107 S.Ct. 1134 (1987) recognized that a person’s home is a particularly sensitive area and that, at least, for purposes of criminal law enforcement the home may be subject to a higher level of privacy than other areas would be.
The Court has established a four (4) prong test for someone to claim the increased level of privacy of their home. (1) the proximity of the area claimed in relation to the home, (2) whether the area is included within an enclosure surrounding the home, (3) the nature of the uses to which the area is put and (4) the steps taken by the resident to protect the area from observation from other people passing by.
The saying goes, “good fences make good neighbors.” But what good is a fence if the video camera on the side of the house next door is directed into your home or backyard?
If you feel as if your privacy rights are being violated please give Kapusta, Otzel & Averaimo a call. We’re here to listen and advise.
New developments from the Connecticut DMV can help make your estate planning a bit easier. We also want to update you on new developments and services within our firm.
When Planning Your Estate, Don’t Forget the Car. The number one item people forget about in an estate is the car. Many times, everything else is left to the deceased person’s survivors, but the car is forgotten. In order to have the car transferred to the proper person, a surviving family member must go through the probate process – the court process by which assets are devised to heirs in an estate. The cost of probate court depends on the size of the estate. The expense of this process may outweigh the value of the car.
New DMV Regulations Help to Make the Transition Smoother. The Connecticut Department of Motor Vehicles has helped to make this process a bit easier. The state provides for transfer on death or TOD Registration, for new vehicles.
When registering, an automobile owner can designate a beneficiary on the registration form. Upon death this will be treated in the same way as a recipient of a life insurance policy. It will pass outside of probate and the court process can be avoided. The process will repeat every two years with a new auto registration.
When the owner passes away, the designated beneficiary can take the registration to DMV within 60 days of death, along with personal identification and the death certificate. The DMV will issue a new registration and title, and there will be no need of Probate Court intervention.
Let Us Help You With Your Estate. Kapusta, Otzel & Averaimo counsels its clients in estate planning as well as representing individuals in the Connecticut Probate Courts. We are happy to discuss the best way to structure your estate and your will, as well as your plans to be sure that your wishes are carried out upon your death. If you would like more information or are in need of a representative, call our office for a no-obligation consultation. Why leave it to chance?
New Services Now Offered Through Kapusta, Otzel & Averaimo. Kapusta, Otzel & Averaimo is now approved to handle and is currently accepting Fannie Mae and Freddie Mac files for representation in default-related services, including foreclosures, bankruptcy, evictions and REOs. If you are looking for someone to represent you in one of these cases, call our firm today. We look forward to assisting you.
When Planning Your Estate, Don’t Forget the Car. The number one item people forget about in an estate is the car. Many times, everything else is left to the deceased person’s survivors, but the car is forgotten. In order to have the car transferred to the proper person, a surviving family member must go through the probate process – the court process by which assets are devised to heirs in an estate. The cost of probate court depends on the size of the estate. The expense of this process may outweigh the value of the car.
New DMV Regulations Help to Make the Transition Smoother. The Connecticut Department of Motor Vehicles has helped to make this process a bit easier. The state provides for transfer on death or TOD Registration, for new vehicles.
When registering, an automobile owner can designate a beneficiary on the registration form. Upon death this will be treated in the same way as a recipient of a life insurance policy. It will pass outside of probate and the court process can be avoided. The process will repeat every two years with a new auto registration.
When the owner passes away, the designated beneficiary can take the registration to DMV within 60 days of death, along with personal identification and the death certificate. The DMV will issue a new registration and title, and there will be no need of Probate Court intervention.
Let Us Help You With Your Estate. Kapusta, Otzel & Averaimo counsels its clients in estate planning as well as representing individuals in the Connecticut Probate Courts. We are happy to discuss the best way to structure your estate and your will, as well as your plans to be sure that your wishes are carried out upon your death. If you would like more information or are in need of a representative, call our office for a no-obligation consultation. Why leave it to chance?
New Services Now Offered Through Kapusta, Otzel & Averaimo. Kapusta, Otzel & Averaimo is now approved to handle and is currently accepting Fannie Mae and Freddie Mac files for representation in default-related services, including foreclosures, bankruptcy, evictions and REOs. If you are looking for someone to represent you in one of these cases, call our firm today. We look forward to assisting you.
Spring is here and along with the nice weather, vacation planning and first barbecue’s of the season, many individuals are planning their home renovation project. Whether it is power washing your deck, painting your home, putting on an addition or several smaller jobs there are rules you must follow to be sure you are not taken advantage of by a contractor.
Are They Licensed? We have all seen it on the news, heard about it from a friend or neighbor and hope it never happens to us; the contractor who starts the job and does not finish, the contractor who takes a deposit and never returns to start the job or the contractor who finishes the job only for the homeowner to later find out that it was done all wrong or without permits!
Every general contractor must be licensed pursuant to the State of Connecticut Department of Consumer Protection. If they are licensed their insurance will also be verified.
If they are not licensed or insured DO NOT HIRE THEM!
The State of Connecticut of Department of Consumer Protection gives individuals tips on how to hire the proper contractor and remain as safe as possible from scams or being taken advantage of. Take a look!
Get it in Writing. When hiring any contractor for any project, it must be in writing! According to Connecticut General Statutes Section 20-429 et seq. no home improvement contract shall be valid or enforceable against an owner unless it:
Not withstanding the above requirements, the contractor must be aware that any change in the terms and conditions shall be in writing and shall be signed by the owner and the contractor. That means if you want something added on get it in writing so you are not surprised later.
Do Your Homework. A Home Improvement Contract is non compliant with the act when:
Kapusta Otzel & Averaimo has engaged in civil litigation throughout the State of Connecticut against numerous contractors who have tried to take advantage of homeowners through renovation projects and violated the Home Improvement Act.
If you have been taken advantage of by a Home Improvement Contractor and need results, please call us. We have extensive experience in these matters and know how to get results.
Are They Licensed? We have all seen it on the news, heard about it from a friend or neighbor and hope it never happens to us; the contractor who starts the job and does not finish, the contractor who takes a deposit and never returns to start the job or the contractor who finishes the job only for the homeowner to later find out that it was done all wrong or without permits!
Every general contractor must be licensed pursuant to the State of Connecticut Department of Consumer Protection. If they are licensed their insurance will also be verified.
If they are not licensed or insured DO NOT HIRE THEM!
The State of Connecticut of Department of Consumer Protection gives individuals tips on how to hire the proper contractor and remain as safe as possible from scams or being taken advantage of. Take a look!
Get it in Writing. When hiring any contractor for any project, it must be in writing! According to Connecticut General Statutes Section 20-429 et seq. no home improvement contract shall be valid or enforceable against an owner unless it:
- is in writing;
- is signed by the owner and the contractor;
- contains the entire agreement between the owner and the contractor;
- contains the date of the transaction;
- contains the name and address of the contractor;
- contains a notice of the owner’s cancellation rights in accordance with the provisions of chapter 740;
- contains a starting date and a completion date; and
- is entered into by a registered salesman or registered contractor.
Not withstanding the above requirements, the contractor must be aware that any change in the terms and conditions shall be in writing and shall be signed by the owner and the contractor. That means if you want something added on get it in writing so you are not surprised later.
Do Your Homework. A Home Improvement Contract is non compliant with the act when:
- Is not signed by the contractor and the owner;
- A fully signed copy was not delivered to the owner; and
- Does not contain a statement that this is the full agreement of the parties.
Kapusta Otzel & Averaimo has engaged in civil litigation throughout the State of Connecticut against numerous contractors who have tried to take advantage of homeowners through renovation projects and violated the Home Improvement Act.
If you have been taken advantage of by a Home Improvement Contractor and need results, please call us. We have extensive experience in these matters and know how to get results.
With the unfortunate effects of Storm Sandy, the ever re-occurring question of whose responsibility it is for a fallen tree or fallen branches is being asked again.
Whose Responsibility is it?
The laws pertaining to trees, braches and roots between neighbors is discussed in the case of McCrann v. Planning & Zoning of Bloomfield, 161 Conn. 65 in which the Court ruled that a landowner has a right to remove invading branches from trees residing on adjacent properties.
The Court stated, “Where trees are located on the property of one party and their roots or branches extend onto the property of a second party, the latter may lop off the branches or roots up to the line of his land….This does not mean, of course, that complete disregard for the welfare of the trees is permitted.
In Dalling v. Weinstein, 6 Conn. Sup. 498, (1939), the Court of common pleas determined that a landowner could not recover damages from his neighbor resulting from failure to remove a tree blown onto his land by a hurricane. The court held it was an Act of God that the neighbor was not responsibility for, reasoning that “to attach liability to the defendant in the instant case, there must be something more than mere ownership of the tree which has been cast upon the Plaintiff’s land. There must be some act of neglect upon the defendant’s part, some fault on his part.”
Therefore, the general rule is that a landowner may remove branches from neighboring trees growing on adjoining lots that overhang that landowner’s property but he may not do so if that removal will destroy the entire tree. Additionally, if the owner of the tree has noticed that the tree and/or its branches creates a hazard they may be liable for damages if the tree does in fact fall.
The State of Connecticut Insurance Department published an excellent article entitled “Reducing Tree Damage” that can be located at www.ct.gov/cid or www.disastersafety.org .
Whose Responsibility is it?
The laws pertaining to trees, braches and roots between neighbors is discussed in the case of McCrann v. Planning & Zoning of Bloomfield, 161 Conn. 65 in which the Court ruled that a landowner has a right to remove invading branches from trees residing on adjacent properties.
The Court stated, “Where trees are located on the property of one party and their roots or branches extend onto the property of a second party, the latter may lop off the branches or roots up to the line of his land….This does not mean, of course, that complete disregard for the welfare of the trees is permitted.
In Dalling v. Weinstein, 6 Conn. Sup. 498, (1939), the Court of common pleas determined that a landowner could not recover damages from his neighbor resulting from failure to remove a tree blown onto his land by a hurricane. The court held it was an Act of God that the neighbor was not responsibility for, reasoning that “to attach liability to the defendant in the instant case, there must be something more than mere ownership of the tree which has been cast upon the Plaintiff’s land. There must be some act of neglect upon the defendant’s part, some fault on his part.”
Therefore, the general rule is that a landowner may remove branches from neighboring trees growing on adjoining lots that overhang that landowner’s property but he may not do so if that removal will destroy the entire tree. Additionally, if the owner of the tree has noticed that the tree and/or its branches creates a hazard they may be liable for damages if the tree does in fact fall.
The State of Connecticut Insurance Department published an excellent article entitled “Reducing Tree Damage” that can be located at www.ct.gov/cid or www.disastersafety.org .
A Will and estate documents are not only for wealthy individuals. People at all economic levels can benefit from a Will and other estate planning documents because they legally protect and distribute property based on your interests, your wishes and the needs of your family. 55% of Americans don’t have a Will. This is a tremendous mistake. You worked all of your life, saved all your life and have plans; don’t let these plans and wishes be disregarded.
Why Write A Will?
Here are three very good reasons you should write a will:
Use an Attorney or Internet Form?
Here are 5 good reasons to use an attorney:
You shouldn’t leave your legacy at risk by not speaking with a professional who will sit face to face with you, discuss your family dynamic, your family situation and draft your Will based on all of those personal things.
If you don’t have a Will or have questions about a Will, Kapusta, Otzel & Averaimo would be happy to sit down with you at no cost to discuss your options.
If you have a Will that is more than 5 years old you should pull it out of that safe, desk drawer or safety deposit box and make sure it still reflects your wishes accurately. If it needs to be updated, Kapusta, Otzel & Averaimo would like to hear from you. We can discuss the required changes in person at no cost and make suggestions based on your current situation to be sure your wishes are carried out.
Why Write A Will?
Here are three very good reasons you should write a will:
- Your Children: If you haven’t made a provision in your Will for their guardianship upon your death the Courts will make that decision for you and it is NOT automatic that it will be a family member.
- Your Assets: With no Will your assets will be divided up regardless of your wishes and intentions. Will your long lost cousin from Europe who you have never met inherit your estate? It is very possible, I have seen it happen.
- Estate Taxes: Without proper planning your estate may have to pay estate taxes that can be very high, very costly and significantly decrease the amount left to your loved ones.
Use an Attorney or Internet Form?
Here are 5 good reasons to use an attorney:
- That company is not an Attorney and not a law firm. They are sure to tell you that all throughout their literature; there is a reason for that; they do not want to be liable if you make a mistake.
- You get what you pay for – you know it’s true.
- You have to do more than just sign a Will under CT law for it to be valid.
- Estate taxes.
- Would you consult WebMD if you are sick rather than go to your doctor? Of course not!
You shouldn’t leave your legacy at risk by not speaking with a professional who will sit face to face with you, discuss your family dynamic, your family situation and draft your Will based on all of those personal things.
If you don’t have a Will or have questions about a Will, Kapusta, Otzel & Averaimo would be happy to sit down with you at no cost to discuss your options.
If you have a Will that is more than 5 years old you should pull it out of that safe, desk drawer or safety deposit box and make sure it still reflects your wishes accurately. If it needs to be updated, Kapusta, Otzel & Averaimo would like to hear from you. We can discuss the required changes in person at no cost and make suggestions based on your current situation to be sure your wishes are carried out.