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Old 22-02-2005, 01:46 PM
rumples riot
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rumples riot is offline
 
Join Date: Oct 2004
Location: Blackwood South Australia
Posts: 3,051
If your neighbours are unapproachable there is something that can be done, but it will cost you some money and should only be taken as a last resort.

Under common law, a neighbours obtrusive lighting can be viewed as a breach of your entitlement to quiet enjoyment (fundemental precept to freehold land ownership). You can seek an injunction to have the owners of the land refit the lights with shields that keep the light where it is meant to be (this you can do yourself at the magistrates court). Or you can seek an injunction for a breach of light and air under the old easement for light and air. It is most commonly used where people build monsterous houses next door to a single story dwelling. I don't know of any case that has been tried on this point, but it might be worth a try and will cost a lot of money.

That being said, I have found that if you contact the owner of the property and have a face to face conversation on your property and explain why you want the lights adjusted then this will usually suffice. Even if you offer to pay for the shields yourself and help them put it on. Then that will go toward the good will and most people are not going to refuse that. If all else fails try the second paragraph and use the injunction method. You'll never have to talk to your neighbour again and they won't call the fire brigade if your house is burning down and your not home.
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