Light pollution is when artificial lighting is too bright and invasive. An example is if your neighbor has positioned an outdoor light so that it shines straight into your bedroom window, disrupting your sleep at night.
Many U.S. courts consider light pollution a “nuisance,” similar to noisiness, so there are remedies to deal with it. A “nuisance,” can be described as unreasonable interference with another party’s property rights.
Read the rest of this article to explore the common types of light pollution violations, what you should do if you’re being affected by light pollution, and when to call a lawyer.
What are the Different Types of Light Pollution?
There are three main types of light pollution that can cause disputes between neighbors.
- Light trespass. Unwanted, bothersome light shines into your property or home, which can increase your stress levels.
- Excessive bright light. Causing glare, too much bright light is harmful to the surrounding nature and human health.
- Light clutter. If your neighbor has too many bright lights set up, this can reduce visibility instead of enhance it.
What Should You Do During a Light Pollution Dispute?
If you’re dealing with light pollution that’s interfering with your life, you should take the following steps.
Collect Evidence of the Light Pollution
Gather evidence that shows how stressful the light pollution is to build your case. You could keep a record of when a neighbor’s glaring light comes on every night and how long it stays on, take photos of how it streams into your house, or even make notes about its dangers, if applicable.
For example, maybe you recently fell in the driveway at night because the light created so much glare that you couldn’t see properly.
Communicate Directly with Your Neighbor
It’s essential to speak to your neighbor about the light pollution they’re causing. Explain why and how the light is harming you, such as if it’s disrupting your sleep or causing glare that reduces visibility.
Chances are, if your neighbor is reasonable, they will adjust the positioning of their property lights so that they stop being a nuisance to you and others in the vicinity.
When contacting your neighbor, it’s useful to send them a written note about your concerns so that you have proof of it as well as their response. If they agree to change or remove their bothersome lighting, you will have a paper trail to hold them accountable to their decision.
Send a Demand Letter
If your neighbor brushes off your concerns or doesn’t respond to you, you can seek legal guidance. A lawyer can draft a demand letter to send your neighbor that explains the issue and mentions any regulations that the light is breaking. The letter will insist that they remove or adjust the light fixture.
You can request a demand letter be drafted by a professional lawyer on ContractsCounsel, an online legal network that connects clients and vetted lawyers. After posting your project, which is free to do, lawyers on the platform will send you bids so you can choose the best one according to your letter-drafting requirements.
Hire a Mediator
If you and your neighbor keep arguing about the light pollution concern, you should consider hiring a third-party mediator. This neutral participant will listen to your communications and ensure they remain civil and constructive. You and your neighbor will be able to collaborate on a solution to the issue.
If you’re successful in reaching an agreement, be sure to get it in writing.
Get Informed about Local Laws
You should research the rules in your city or location concerning light that floods a neighbor’s property. There should be information about the light types that are allowed to be installed and how they should be installed so that they’re not a nuisance to others.
This can help you to identify if your neighbor is violating any rules, which can strengthen your evidence.
When Should You Contact a Lawyer for Light Pollution?
You don’t always need to seek legal guidance for light pollution concerns, such as a neighbor’s bright and invasive outdoor light, but it can help if your neighbor isn’t willing to help you find a solution to the problem or the light pollution is causing you issues, such as regarding your wellbeing and sleep.
As mentioned earlier, your lawyer will be able to draft a demand letter to insist that they remove the light if they are being unreasonable or not taking your concerns seriously.
There are other ways in which a lawyer can help you with a light pollution dispute.
- They will investigate the light pollution concern to see if you have a valid claim.
- They will identify if your neighbor’s light is in violation of local or HOA regulations.
- They can communicate with the owner of the offensive lights, such as a neighbor or commercial business owner, on your behalf.
- They will represent you in mediation or if your case goes to court (which is a last resort).
Legal remedies your lawyer can pursue for light pollution:
- Injunctions or court orders. These might state that the owner of the light needs to change or remove it.
- Monetary damages. In severe cases where the light pollution is affecting your health, your lawyer could seek monetary damages.
How Can Neighbors Prevent Light Pollution Disputes?
There are many things you can do to avoid becoming a nuisance to your neighbors by installing bright lights on your property.
- Install downward-facing light fixtures. These direct the glow to the ground, such as a driveway at night, instead of directing the light into your neighbor’s property.
- Use shielded lights. Since they’re designed with hoods around them, these lights reduce glare.
- Check in with your neighbor. If you’ve installed new lights on your property and you’re not sure if they’re a nuisance, check in with your neighbor. This will help you handle any minor disputes before they escalate.
Do you need a lawyer for light pollution?
If you’re struggling with a light pollution concern or dispute, you have legal options available to you. Contact a lawyer on ContractsCounsel. All lawyers on the platform are vetted. They’ll be able to guide you on the best resolution for the issue while protecting your rights.
