Legal Question in Civil Litigation in Texas
Invasive lighting
Is there legal remedy for nuisance/invasive lighting installed on a neighbor's driveway? Neighbor has installed 2(two)dusk-to-dawn lights along his driveway. Lights are engineered to provide lighting for 16,000 sq. ft. and the 175-watt bulbs create undesired illumination WITHIN my home. This illumination extends beyond the house onto the property and outbuilding and is creating a nuisance. Have requested neighbor to either 1)block light from my property; or 2)exchange current lights for more appropriate lighting that can be directed only onto his property. He has denied both corrective actions. The property location is Montgomery County, Texas. Thank you.
2 Answers from Attorneys
Re: Invasive lighting
Yes you do have a claim for the protection of your property. If you want my assistance with this matter, contact me via e-mail.
Re: Invasive lighting
I've not seen a case of "nuisance lighting" reported. However, you may have a chance for injunctive relief if you don't mind the risk of an expensive lawsuit and the prospects of making new law all the way up to the Texas Supreme Court.
It would be a novel theory, and your neighbor may just cave in rather than risk the lawsuit.
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