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Rev

The nuisance medieval example would be applicable if the OP was climbing over the fence to film the neighbour (vs filming what is visible without special effort to see more). But the question does not imply climbing over the fence or otherwise making effort to see more than the neighbour would already be aware is easily seen.
– Greendrake
Commented Jun 28 at 3:39
1

@Greendrake It has nothing to do with climbing over a fence. The medieval circumstances and Fearn circumstances are involve people standing in one property looking into another property, and in Fearn the Supreme Court held that could give rise to a nuisance.
– Lag
Commented Jun 28 at 6:00
As per your quote, back then it was "...leaden watch-tower (garritam) upon the wall.." which they stood upon (presumably went up there specifically to see what they could not see behind the wall). Nowadays that would be tantamount to climbing over a fence, wouldn't it be?
– Greendrake
Commented Jun 28 at 6:06
1

@Greendrake it doesn't seem to me that standing upon a wall is "tantamount to" climbing over a wall.
– Lag
Commented Jun 28 at 6:49

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