New Jersey Light Trespass (2026)

Key Facts

Legal theory: Common-law private nuisance
Standard: Substantial and unreasonable
Court: Chancery Division
Remedies: Injunction and damages

Full Breakdown

New Jersey courts apply the Restatement (Second) of Torts approach to private nuisance, recognized in cases such as Sans v. Ramsey Golf and Country Club and Lyons v. Township of Wayne. Light trespass that substantially and unreasonably interferes with use and enjoyment of neighboring property is actionable regardless of whether the offending fixture meets any local code. The MLUL (N.J.S.A. 40:55D-1 et seq.) authorizes municipal lighting standards, but the common-law nuisance remedy applies statewide and is not preempted by compliance with a permit. Plaintiffs may seek injunctive relief and damages.

Violations & Penalties

Superior Court (Chancery Division) may enjoin lighting, order shielding or aim adjustments, and award compensatory damages. Municipal code violations carry separate fines under local ordinance, typically $100 to $1,000 per day.

Frequently Asked Questions

Can I sue a neighbor in New Jersey for bright security lights?

Yes. Even where lights comply with local ordinances, NJ courts can enjoin them as a private nuisance if they cause substantial, unreasonable interference with sleep, health, or enjoyment of your property.

Does New Jersey have a statewide outdoor lighting code?

No general dark-sky statute exists. Lighting at state highways and DEP facilities follows agency standards, and the MLUL lets towns adopt lighting rules, but residential light trespass is governed by uniform common-law nuisance principles.

New Jersey Light Trespass and Private Nuisance Law

Key Facts

Full Breakdown

Violations & Penalties

Frequently Asked Questions

Sources

See something wrong?