Light Trespass

dooley319

Hi folks,
I have had an issues with my neighbour over a industrial security flood light which he installed at his front garden wall.the light lights up all of our property especially the gable end of the house were our daughters room is we had to buy black out blinds and curtains and have spoken to him about the issue.he has now installed a second industrial light on his garage which is less than 10 meters adjacent of the gable end of our house and is now worse than the front we have light bleeding in all windows and when both are on our house is lit up like the 4th of july .we live in rural country side and he turns these lights on all night is there anything that can be done.

JeSuisSeosamh

Contact a solicitor

JeSuisSeosamh

Sorry double post

RossieMan

you can't give legal advice here. read the charter before posting a bunch of crap.

JeSuisSeosamh

Okay... oops where is this charter you speak of?

Gatling

Did I read right kids are giving legal advice

Grolschevik

RossieMan wrote: »

you can't give legal advice here. read the charter before posting a bunch of crap.

In all fairness, the post was essentially a longer version of the standard "consult a solicitor" that gets said all the time here.

Kristopherus

JeSuisSeosamh wrote: »

Okay... oops where is this charter you speak of?

Its the 3rd thread on the Legal Discussion home page. You are new here and if I had posted those 2 comments above, I'd be deleting them pronto. You have given legal advice which is not allowed, and you could get a ban for that.

JeSuisSeosamh

Ok. Sorry I didn't realise that. Thanks for letting me know.

Grolschevik

Just to say JeSuis, your original post was well-written, articulate, and -- even though it jumped the gun in terms of possible outcomes -- relatively well thought out.

Your basic advice was:
1. Ask the neighbour again and if no joy
2. Consult solicitor.

Went a bit off the rails in speculating what might happen after, but I wouldn't have seen that as legal advice in the strict sense, given that at that point in time in the putative future, the solicitor would have been engaged and proper advice obtained.

You're in second year in secondary school? Keep it up. I'd say your interest may lead to a rewarding career.

A bit unfair referring to it as "a bunch of crap" in my opinion...

billy few mates

Another interesting discussion bites the dust for accidentally containing an opinion which might be construed as legal....

MarkAnthony

See thread discussion. Sorry this was an inappropriate spot.

JeSuisSeosamh

I think this has gotten a little out of hand with the discussion of the charter of the forum. I think we should just get back to the legal discussion. I have decided to rephrase my original post so that it is within the limitations of the rules.

DISCLAIMER: I am a secondary school student with an interest in law, I have some knowledge but I would not take what I say as gospel. This is simply my personal, non-binding opinion on what I think is going on. People who are doing law at the moment or are qualified barristers/solicitors, feel free to correct this.

I believe the tort of nuisance can be clearly seen in these incidents..
Definition of Nuisance : Nuisance is an act or omission that amounts to an unreasonable interference with, disturbance of or annoyance to another person in the exercise of his rights.

If you feel that another party is executing a series of similar acts over a period of time and these acts are causing you "A substantial interference with the enjoyment of land". (Which extends to the chattels (Personal Possessions... Your house) )

It is my opinion that in this case what the person in question is doing to you could indeed constitute the tort or civil wrong which is private nuisance. It is not actionable per se (as are actions such as battery and trespass) you must be able to prove that this in fact a nuisance to your enjoyment of your personal property (your land) or in this case your house (Chattel).

You should contact a legal professional before proceeding but I believe before taking such a step, simply telling the neighbor about the situation is your best bet and requesting for them to discontinue the conduct in question.

What does everyone else think?

Uno my Uno.

A house isn't a Chattel but don't worry about that;)

I would think that shining powerful lights in a neighbour's window would fall within the Tort of nuisance. Off to your solicitor's office with you to see what they think!

MarkAnthony

JeSuisSeosamh wrote: »

What does everyone else think?

I think if you're getting to grips with tort at secondary school you should seriously consider doing an undergrad law degree. Just remember that there need to be time for girls, boys or both, whatever your preference is, and booze. Lots and lots of booze.

Kudos to you and best of luck.

EDIT some resources for you:

Irish Statute Book
Bailii

Thargor

Get back to the psycho neighbour with the floodlights, tell us more OP...

dooley319

As stated in my orginal post he has installed industrial lighting you would see on factories and large buildings.i have contacted the county council today and they are going to investigate if he should have applied for planning permission as they are not the normal security lighting used on private housing.i have researched light tresspass but their is no law in ireland that covers it.

Thargor

Whats he like when you speak with him? Was the second light just to mess with you after the first conversation or is he just oblivious not malicious?

Uno my Uno.

dooley319 wrote: »

As stated in my orginal post he has installed industrial lighting you would see on factories and large buildings.i have contacted the county council today and they are going to investigate if he should have applied for planning permission as they are not the normal security lighting used on private housing.i have researched light tresspass but their is no law in ireland that covers it.

"Light trespass" is not a concept that the law recognises. Nuisance however is and your solicitor would be able to advise you on it fully. You should speak to your solicitor about the matter and consider his advice.

MarkAnthony

One I hadn't seen before!

http://www.27bslash6.com/halogen.html

234

MarkAnthony wrote: »

One I hadn't seen before!

http://www.27bslash6.com/halogen.html

It's a classic.