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What counts as a ''Nuisance'' in legal terms?

  • 21-03-2012 7:08pm
    #1
    Registered Users, Registered Users 2 Posts: 84 ✭✭


    I've been looking for a more clear definition of what counts as a 'Nuisance' in legal terms.
    In terms of someone complaining about a noisy neighbour or a barking Dog what lenghts and volume would the noise have to break to be counted as a Nuisance to the neighbouring area?


Comments

  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    It needs to be on-going (the dog barking once / or on one night isn't enough) and it needs to be out of character with the area.

    Ultimately its a matter of convincing the council and/or judge.


  • Banned (with Prison Access) Posts: 987 ✭✭✭Kosseegan


    Supreme Court in the case of Hanrahan v- Merc Sharp and Dhome (Ireland) Limited , (1988) I.L.R.M. 629 . At page 640 of the report, Henchy, J., delivering the judgment of the Court held as follows:—

    “As I have pointed out earlier in this judgment, by reference to the cited passage from the judgment of Gannon J. in Halpin and Others v. Tara Mines Limited , where the conduct relied on as constituting a nuisance is said to be an interference with the plaintiffs comfort in the enjoyment of his property the test is whether the interference is beyond what an objectively reasonable person should have to put up with in the circumstances of the case. The plaintiff is not entitled to insist that his personal nicety of taste or fastidiousness of requirements should be treated as inviolable. The case for damages in nuisance — we are not concerned here with the question of an injunction — is made out if the interference is so pronounced and prolonged or repeated that a person of normal or average sensibilities should not be expected to put up with it.”


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