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I'd be more than a little tweeked too if someone was using a ladder to look over a fence into my yard. It's not a crime though unless he's specifically doing it to harm or harass you. The important question here is, how much do you want to keep your birds? If you're breaking the law by having...

No crime in peeking over a fence. I'd invite him over and introduce him to the birds, get his opinions on housing ideas for them, ask him whether they've bothered or inconvenienced him at all. If so, make an offer to move the birds further away from his property. Essentially do whatever you can...