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Ask Lawrence N. Rogak, Insurance Atty You...

Lawrence N. Rogak, Insurance Atty
Lawrence N. Rogak, Insurance Atty, Lawyer
Category: Legal
Satisfied Customers: 1033
Experience:  26 years litigating important insurance and injury cases; well-known legal author
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A neighboring apartment complex has put up a security light

Customer Question

A neighboring apartment complex has put up a security light so bright it has my back yard lit up like day and it is pouring in my windows! What can I do?
Submitted: 5 years ago.
Category: Legal
Expert:  Lawrence N. Rogak, Insurance Atty replied 5 years ago.

Good morning and Happy New Year! I am very familiar with your kind of problem. What your neighbor is doing actually has a name. It is called "light trespass," and it is such a well-known problem that many outdoor lighting manufacturers actually make special fixtures to avoid the problem.

 

You have two options. One is to contact your local building department and complain. Many communities have "nuisance" statutes under which your neighbor could be issued a violation. Your other option is to take your neighbor to court on a cause of action for nuisance (the nuisance being the "light trespass" of his fixture onto your property).

 

Your neighbor can easily fix the problem in a couple of different ways. One way is to attach a shield or visor onto his fixture which will block the light from going over the fence. The other way is to re-aim or re-located the fixture so it does not face your property.

 

I hope this helps!

Lawrence N. Rogak, Insurance Atty, Lawyer
Category: Legal
Satisfied Customers: 1033
Experience: 26 years litigating important insurance and injury cases; well-known legal author
Lawrence N. Rogak, Insurance Atty and 17 other Legal Specialists are ready to help you
Customer: replied 5 years ago.
The utility rep said he thought the light was too high up for a guard to be helpful. There was a light there already which was not intrusive nor up so high. But I thank you for your answer, because the utility rep seemed to imply I had no rights in this matter. It does seem difficult to find an attorney who will take a matter like this to court. Maybe he will take it down, but I have had other "trespass" issues with this apt. owner.
Expert:  Lawrence N. Rogak, Insurance Atty replied 5 years ago.

I think this is the kind of case you can handle yourself, without a lawyer. But first complain to your Building Department or Code Enforcement officer, because most likely, your neighbor is violating a local ordinance.

 

If you feel I have been helpful, please click "accept." Thank you!

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