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.
Answered
  • 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

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