Can you sue a neighbor for bright lights? Your California question answered

Your neighbor installed new night lights for their home. But the lights are so bright that it shines into your backyard and bedroom, and in order to see where you’re walking, you have to block the light with your hands.

Such an experience is what prompted a Sacramento Bee reader to reach out to the service journalism team: Is there a law for this?

When a neighbor’s light fixture beams onto your property and into your home, it’s called “light trespass,” according to the International Dark-Sky Association, an organization that focuses on protecting the night sky from light pollution.

The California Utility Team looked into what you can do about your neighbor’s bright lights:

Talk to your neighbor

It is possible that your neighbor may not know that their lights are flashing on your property and causing light pollution, the IDA wrote on its website. So you can start by communicating your concerns with your neighbor.

Jody Prunier, associate director of California Lawyers for the Arts, a legal and mediation service, said that you can go over to your neighbors home and knock on their door, call or email them, or send a letter to let them know you are disturbed by the light and would like a discussion.

The dark-sky organization highlights that you should understand that your neighbor does have a right to have lights on their property and don’t argue. You can also suggest to them that they move their fixtures, shield them or provide alternative appliances they can use that won’t cause light pollution, which is use of excessive artificial light.

“Remember that everyone wants the same thing: a chance to relax in his or her own environment,” the organization said on its website, adding that many people may use bright lights to feel safe. “Work together to create an atmosphere that benefits the community.”

Have someone mediate the issue

If you’ve had a negative, threatening or violent confrontation with the neighbor in the past, it might not be best to communicate directly, said Prunier who is also a lawyer, social worker and mediator, and director of the CLA Sacramento program.

“Sometimes, it really helps to have a third-person or third-party involved,” she said, because the neighbor will likely respond.

You can hire a neutral mediator and provide them with the neighbor’s contact information, at which the third-party will send calls, emails or letters to the neighbor to invite them to talk, Prunier said.

“The ultimate goal is to resolve the issue,” she said.

Local and California laws on light trespass

Depending on your city, there may be regulations on light pollution.

For example, in Davis, under the city’s Municipal Code, all types of lighting needs to be shielded and pointed downward as a part of the city’s Dark Sky Ordinance, which was enacted to limit light trespass, pollution and glare.

In the case that your area does not have laws on residential lighting and you want to take your dispute with your neighbor to court, you could file a lawsuit on the grounds of nuisance, according to Nolo.com, an online legal resource.

Public nuisance in California includes anything obstructing a neighborhood or community’s enjoyment of life or property, according to Shouse California Law Group. It’s important to note that a nuisance is a continual activity, and not a one-time event, the group wrote.

This story was originally published April 2, 2022 at 5:00 AM.