We live in a suburban residential neighborhood. Neighbor has garage for home based business. He has placed spotlights only on the side of the addition that faces our home, with lights pointed directly at our property, rather than down onto his. The rest of his property has no illumination. What are our rights?
Your neighbor is committing a trespass against you by the light travelling onto your property, Your remedy is to have an injunction issued preventing the neighbor from pointing his light at your property. Small claims court, where you can take your case to court without a lawyer, does not issue injunctions, so you would have to bring your case in commonwealth court and engage a lawyer to represent you. Have you tried talking to your neighbor about the light? He may not be aware that his light is a nuisance and may be willing to redirect the light so it will no longer be a nuisance. You may also write him a letter explaining the problem and asking him to move the direction of the light. If talking to or writing to your neighbor does not work, you will need to engage a litigation attorney to take the matter to court.
I agree that there may be a legal remedy to your problem, and as a litigation attorney the first thing I typically tell clients is that it is always best to try to work out the problem without resorting to litigation. I would suggest that you try to address the issue in as non-confrontational manner as possible first. If you are sucessful you will not only solve your problem but you may end up having an improved relationship with your neighbor. If that doesn't work, you can pursue a legal remedy and get an attorney involved. As the AVVO disclaimer says, advice posted here is always general and not intended to be specific legal advice. However, most lawyers are happy to provide a free consultation to discuss your issue with you in specific detail. Best of luck to you; I certainly hope you resolve your problem.
This answer is based on general legal principles only and is not intended to provide specific legal advice. This answer is for informational purposes only and does not constitute the formation of a lawyer-client relationship. Any reader of this answer should not make decisions based upon it without first directly consulting with an attorney in person.
I agree with my colleagues. Try to work it out with your neighbors directly. It this doesn't work, then have an attorney send them a letter. The attorney can then advise you of the more dramatic means that can be instituted. Good luck.
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