neighbour with right of access has installed light on my side of the gate/fence

BdebtB

Hey guys, 
I'm looking for a bit of advice here. I live on the end of a block of 4 houses (rented from housing association) and the neighbours (home owners) have right of access through my garden. The way the right of access is setup is they can come down the ally at the side of my house and across the back of my house to a gate which is outside my living room window. They use the access normally (bikes, bins etc) and I don't have any issues with this however I have just noticed that they have installed a light on the frame of the gate into their garden. I looks like an LED light that hangs over the top, with a separate unit on each side which both seem to have a daylight sensor on the top. I need to have a closer look to see if there is a camera on the unit which would be a different issue.  

The light is not massively bright but from where I sit in the living room it's in the corner of my eye constantly and I find it quite annoying. Ideally I'd like the light removed for this reason. I know I can shut the curtains but I don't think it's fair I should have to do this the moment it gets dark due to the installation of this light. 

I'm on reasonably good terms with them aside from an issue this summer where they cut down trees in my garden to fence hight without permission and then claimed that they had the right to do so due to falling leaves (see my post history for details) and the fact they have now installed the light without speaking with me after this incident is very frustrating. 

They own the fence and had it installed when they first moved in a few years ago however I'm assuming that they don't have the right to install a light on that fence that is on my side and exclusively lights up my garden, even if its part of their right of access. 

I just wanted to understand my position legally speaking before I discuss it with them as my in our previous discussion about the trees being cut they claimed they had the right to do so. I want to make sure I'm armed with the facts incase they claim that they have a right to do this or simply just refuse to take it down. 

Would I be able to remove or cover the light as long as it's undamaged if they wont take it down. 

Any advice would be welcome. 

Many thanks! 

Grumpy_chap

A sketch would make it easier to understand.

If you are on good terms with them, why not ask whether the light could be slightly repositioned, or shielded on one side to reduce the amount of light shining through your window?

BdebtB

Hey @Grumpy_chap thanks for the reply. hopefully this sketch helps clear things up. Blocking it could be an option but it would mean something unsightly sticking out of the gate frame so ideally I don't want the light there at all. 

Mojisola

BdebtB said:

They own the fence and had it installed when they first moved in a few years ago however I'm assuming that they don't have the right to install a light on that fence that is on my side and exclusively lights up my garden, even if its part of their right of access.

I would agree with this - but Grumpy_chap's suggestion to get the light repositioned to where it doesn't bother you may be the best compromise.

GDB2222

Reposition the light, or a bit of wood to stop it shining into your house?

Grumpy_chap

BdebtB said:

Hey @Grumpy_chap thanks for the reply. hopefully this sketch helps clear things up. Blocking it could be an option but it would mean something unsightly sticking out of the gate frame so ideally I don't want the light there at all. 

Can the light go on the wall of the house so that it shines out over the access path but not into the living room?
As you are on good terms, I do think discussion is the best route, far preferable to delving into what any legal position is.

youth_leader

How often do they go out there at night?  Could they compromise with a head torch instead?

greatcrested

I assume they want the light so they can see where they're going as the use the ROW across your garden to get to their gate.

Legal rights are last resort. Resolve this amicably i you can with a bit of tea and cake.

Come up with various solutions to present to them and discuss eg

* reposition the light to not shine into your living room

* install a shield on one side of the light so it shines only on the ROW

* change the light to one which is remote controlled (like my new garage door!), so it only comes on when they actually need it - how often at night do they actually use the ROW?

* reduce the power of the light - does it really need to be bright, or just act as a target for them to head towards?

* change the colour. A dull red or blue might still serve its purpose but be less annoying?

* etc

ElephantBoy57

BdebtB said:

I looks like an LED light that hangs over the top, with a separate unit on each side which both seem to have a daylight sensor on the top. The light is not massively bright but from where I sit in the living room it's in the corner of my eye constantly and I find it quite annoying.

Is it on all the night or just when the sensor triggers it? These sensors can sometimes be adjusted, so they come on more, or less easily.

Slinky

Could it be moved down the gate so it is lower than your window sill level?

jackomdj

I wouldn’t be happy either.  Why not suggest they use a torch.
I would check if the fence is right on the boundary or a few inches in.  If they put the fence up and it is a few inches inside the boundary then technically it is on their land.  Which would make a slightly different conversation to it being on your land.