Houston, TX asked in Real Estate Law and Land Use & Zoning for Texas

Q: How do I correct a light trespass in an unincorporated town in Texas?

Neighbor's wall pack security light encroaches onto our property.

1 Lawyer Answer
John Cucci Jr.
John Cucci Jr.
  • Real Estate Law Lawyer
  • Houston, TX

A: Hi:

I would first suggest that you talk to your neighbor, who has the offending light. This may save you lots of time, trouble, and it is the right thing to do. . . if possible. I would like a more complete description of the light, the timing of it and other relative details, like whether or not it beams directly into your bedroom.

If talking to the neighbor fails, or is impossible, get yourself ready. By this I mean, record your conversation or follow up with a nice note, or letter, telling your neighbor what the problem is, and your need for a fix.

If the neighbor is violating a county law ( not inside a muni ), or criminal law, then your remedy might be litigation and a restraining order. This will come with a significant cost, and may not satisfy you in any event. If it is a truly outrageous light or it can be shown as dangerous or harassing, you would have a good chance in court. But you might not win, or get complete relief.

This all brings me back to my first advice: Go talk to your neighbor. If that will not work, and no law is being violated, get ready for a legal fight.

Good luck!

Teri A. Walter agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.