What can I do about my neighbour's blinding security light?
What can be done about a neighbour's bright security light that is on a timer of about five-minute intervals, making it even more unbearable? I have tried to discuss and show him the effects in my home, but to no avail. In fact, he is quite aggressive and told me to get
blackout curtains
. I have blackout curtains in my bedroom, but the light still comes through and creates a frame of light around the window. It is
not only my bedroom, but the whole back of my house that is affected.
There is no
Irish
legislation on light pollution, so it seems I am at my neighbour's mercy and a legal solution is far too expensive. The light is pointed directly at my house, so my other neighbours are less impacted.
I have contacted
An Garda Síochána
and the local council about it. This has been going on for quite some time. I am a pensioner and finding this stressful. Is there anything I can do?
The actions of your neighbour with the very bright security light that beams into your property is unfair, unreasonable, unneighbourly and lacking in compassion and understanding for you.
READ MORE
The aggressive response you received to your discussion with him setting out the effects on your home, which came to no avail, is regrettable and upsetting, particularly given the glib response he gave you.
Unfortunately, it is unlikely that An Garda Síochána or your local authority will be of any assistance to you, although the issues you have with the bright security light focusing in on your property could be seen to constitute an unlawful interference with your personal enjoyment of your property.
A 'private nuisance' has been held by the
courts
to include interference 'from vibrations, smoke, soil, erosion, branches of trees, damage to foundations, dust, fuels, heat, smells'. It may extend to extreme or excessive lighting. In the legal sense, 'nuisance' has been defined by the courts as 'a field of tortious liability... the feature which is the interference with the use and enjoyment of land'.
In the 1997 case of Royal Dublin Society v Yates, the judge stated that 'a private nuisance consists of any interference, without lawful justification, with a person's use and enjoyment of his property'.
Substantial interference in the enjoyment of land has been held to be a nuisance where it results in 'personal inconvenience and interference with one's enjoyment, one's quiet, one's personal freedom, anything that decomposes or injuriously affects the senses or the nerves'.
It is reasonably clear from your situation that what you are suffering from because of the unreasonable action of your neighbour could be categorised under the heading of nuisance.
However, the law is one thing and enforcement of it is another. To assert your rights, you will need to engage with your neighbour in writing. If, as you have stated, your neighbour is unsympathetic and apparently unreasonable, you may wish to consider engaging a solicitor to write a letter to him.
This would set out your concerns and the nuisance that he is creating for you, including the ongoing health hazards being caused to you being unable to live peacefully and sleep properly in your home.
As you are a pensioner and may have limited means, you might consider going to the Legal Aid Board, a free legal advice centre, or a Citizens Information Centre, if it is near to you. Court proceedings, though they may bring you the reliefs and remedies that you require, can be time-consuming and costly.
Patrick O'Connor is a solicitor at
P O'Connor & Son Solicitors
Do you have a query? Email
propertyquestions@irishtimes.com
This column is a readers' service. The content of the Property Clinic is provided for general information only. It is not intended as advice on which readers should rely. Professional or specialist advice should be obtained before persons take or refrain from any action on the basis of the content. The Irish Times and its contributors will not be liable for any loss or damage arising from reliance on any content.
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