Legal Question in Civil Litigation in Virginia
light trespass
My neighbor recently installed a secondary building on his residential propery. He has an unsheilded mercury vapor light which is sensor set to come on at dusk and consequently stays on all night. The spill light is easily 90ft onto our property, specifically our pond. The light is reflected by the water surface, so it creates a ''double whammy'' for us. Not only is the light ridiculously annoying, but I believe it could have adverse effects on our water quality and certain noctural amphibians. Our 4 acre pond is home to an abundance of aquatic life and waterfowl and is maintained specifically to encourage habitation and nesting. Our county has no lighting ordinances, and the neighbor insists the light is necessary for security (even though most of what he is illuminating is our property!). Do I have any recourse under nuisance laws for light trespass? If not, is there any way to force the sheilding of the light to protect the pond and aquatic life?
2 Answers from Attorneys
Re: light trespass
I agree that it is not trespass. It is a private nuisance if it would be "offensive or annoying to the average person" in your community. A court would still have to determine if the interference with your rights is outweighed by the need for the light. Have there been security problems in your area? You might also want to check with the Virginia Department of Game and Inland Fisheries, although I doubt they can help. Good luck.
Re: light trespass
It's not a trespass because there is no physical incursion, but it could be deemed a private nuisance. You could sue to have it abated, and the court would weigh the need for the use against the harm to you/your property, and the reasonable alternatives.
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