Legal Defintion of "Dwelling" please.

Discodog

Can anyone give me the definition of a dwelling under Irish Law ? The Control of Dogs Act 1986 states that a Dog Warden may not enter a dwelling but dwelling is not defined in the definitions section of the Act.

I see that some online definitions refer just to the house & some to the house plus garden.

time lord

I do not believe there is one. Have asked similar before with conflicting answers. Peoples answers seem to differ depending on what act is being enforced in my opinion.

If its pertinent to your job, best to be on safe side and treat the front boundary to the property to the back bounday as being the dwelling.

odds_on

For the purposes of the Residential Tenancies Act 2004, a dwelling is defined:

‘‘dwelling’’ means, subject to subsection (2), a property let for rent or valuable consideration as a self-contained residential unit and
includes any building or part of a building used as a dwelling and any out office, yard, garden or other land appurtenant to it or usually enjoyed with it and, where the context so admits, includes a property available for letting but excludes a structure that is not permanently attached to the ground and a vessel and a vehicle (whether mobile or not);

and subsection (2) states:

(2) The definition of ‘‘dwelling’’ in subsection (1) shall not apply in relation to the construction of references to ‘‘dwelling’’ to which this subsection applies; each such reference shall be construed as a reference to any building or part of a building used as a dwelling (whether or not a dwelling let for rent or valuable consideration) and any out office, yard, garden or other land appurtenant to it or usually enjoyed with it.

It may be different in other Acts.

Discodog

The problem here is that the Control of Dogs Act doesn't define it - it defines lots of other terms but not dwelling. The most recent definition from the Justice Dept seems to be in relation to defending one's home. This seems to make a clear distinction between the building (dwelling) & the garden (curtilage).

"Careful consideration was given by my Department and by the Office of the Attorney General to the drafting of this definition. I am advised by the Attorney General that the definition as drafted is appropriate. I believe it is important to get this right as it goes to the heart of the Bill, firstly because the curtilage and the dwelling are one and the same in this Bill and the dwelling does have specific constitutional protection. Secondly in light of the fact that the Bill provides, in Subsection (1), that it shall not be an offence for a person who is in their dwelling or a person who is a lawful occupant, to use force against another person in the particular circumstances outlined in this Section.

The definition of dwelling contained in the Bill is a comprehensive one. for the purposes of the Bill "dwelling" includes:

(a) a building or structure (whether temporary or not) which is constructed and adapted for use as a dwelling and is so used

(b) a vehicle or vessel (whether mobile or not) which is constructed or adapted for use as a dwelling and is being so used,

(c) a part of a dwelling.

The curtilage is defined in the Bill as follows:

"curtilage in relation to the dwelling means an area immediately surrounding or adjacent to the dwelling and which is used in conjunction with the dwelling, other than any part of that area which is a public place."

bath handle

The meaning of dwelling where it is not defined is the same as is meant by dwelling in the constitution, which states that the dwelling may not be entered save in accordance with law.

Victor

bath handle wrote: »

The meaning of dwelling where it is not defined is the same as is meant by dwelling in the constitution

Which is?

Our man in Havana

Dog wardens need a search warrant and a Garda to enter a persons house.

time lord

Our man in Havana wrote: »

Dog wardens need a search warrant and a Garda to enter a persons house.

A "premises" would usually be out of this restriction. So long as no one lived there I take it

Discodog

Our man in Havana wrote: »

Dog wardens need a search warrant and a Garda to enter a persons house.

The law prevents them from entering a "dwelling" ie house/home but does that include the garden/curtilage ?

Our man in Havana

Yes. They need to be invited in. Otherwise a warrant is needed.

Discodog

So you are saying that a dog warden or Guard cannot enter your garden. So how could they call at you house to check your dog license or deliver a summons ? This would make every caller a trespasser.

MagicSean

The control of horses act 1996 gives a definition for dwelling that would probably be relevant.

Our man in Havana

Discodog wrote: »

So you are saying that a dog warden or Guard cannot enter your garden. So how could they call at you house to check your dog license or deliver a summons ? This would make every caller a trespasser.

They can knock on the door. You are free to tell them to go away.

Discodog

MagicSean wrote: »

The control of horses act 1996 gives a definition for dwelling that would probably be relevant.

I don't see why this definition would be any more relevant than any other. It reads as follows:

"dwelling" does not include any stable, out office, yard, garden or other land appurtenant to the dwelling or usually enjoyed therewith;

So this excludes the garden whereas the Justice Department example that I gave earlier does include the garden.

Our man in Havana wrote: »

They can knock on the door. You are free to tell them to go away.

Bit late if they have already removed your dog from the garden.

MagicSean

The control of horses definition would be more relevant as the legislation is for the same purpose as the control of dogs.

EDIT: the Justice Department definition and control of horses definition seem to be the same to me.