Legal Question in Real Estate Law in Arkansas

We purchased a new home in a new phase of a subdivision 3 months ago. Our next door neighbor moved in at the same time we did. Because it is at the end of a cove, our homes are cater-cornered to each other, to the point that they somewhat face, with our garages next to each other. From the time they occupied their home, our neighbor has left their garage lights on 99% of the time. The problem is that it shines primarily on our property due to the position of the two houses. We waited almost 3 months for them to stop this behavior on their own before we attempted to speak to them. When we finally broached the subject, they indicated they would limit their use, but they have not.

We consider this an annoyance because it disturbs our quiet enjoyment of our property-not only does their light enter our bathroom window but it keeps my wife and I from going outside at night and enjoying the peace and quiet of stargazing like we used to do at our former house. Our neighbor's response to this is --'I don't care, go to your backyard'. We maintain that since we pay a mortgage for the whole property, we should be able to use the whole property, when and how we see fit, and that we absolutely have the right to 'quiet enjoyment of our entire property' . To us, it is the same as if they were blaring music or having a loud party next door--it is interfering with our quality of life. Our neighbor's response to this is, 'why did you buy here?' and 'why don't you move?'

We have given up on attempting any successful resolution with them. We have approached the HOA now, who did agree to broach the matter with them, but they state we should start calling the police and prepare to go to court. Do you have any advice? Once the police are involved, I can foresee our neighbors retaliating against us, and we really want to avoid that.

Thank you.


Asked on 12/11/13, 5:54 pm

1 Answer from Attorneys
R. J. Orintas, Sr. ORINTAS LAW FIRM

I would suggest you "talk" to them once again and explain your "plight"... In the event that they continue their "denials", please contact an attorney and tell them that... If you need help, you can call 501-258-0107... Good Luck...

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Answered on 5/27/15, 7:19 am


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