About a year ago we moved into a lovely a semidetached home in an estate, with a small garden. Since moving we’ve realised the neighbour adjoining our house keeps greyhounds in their back garden and the smell is very strong. We really don’t enjoy any time in our garden due to the smell. The neighbours are currently renting the property. Is there someone I can contact to raise the issue or anything we can do?
If your estate is overseen by an owners’ management company (OMC), you may be able to seek assistance from them. An OMC is a collective responsibility arrangement whereby all property owners have duties and obligations as individuals and collectively to each other and to the OMC. Owners have a responsibility to ensure that their occupation of their property either by themselves or by their tenants does not have a negative impact on their neighbours. This may be a condition of contract with each owner and their management company and may be found in the management company agreement and/or the lease agreement. You should check the relevant sections to see what’s covered.
The managing agent should be able to help you to communicate with the owner of the adjoining property to resolve the problem. It may propose, for example, the neighbours keep their garden cleaner to eradicate the bad smell.
If your estate is not part of an OMC, you should try to contact the owner of the adjoining property to discuss a solution. Sometimes owners who have rented out their properties may not be aware of such a situation. For example, it is common for owners to have a clause in the tenancy agreement that prohibits the keeping of animals in the house. In such a case the owner may have a vested interest in resolving the issue.
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Either way, contacting the owner to start the discussion on the matter would be a good first step. There is no law that states a resident may not have dogs on a property. However, there exists the right for all residents to have the peace and enjoyment of their own dwelling and where this is disturbed or infringed upon there may be recourse for the affected party.
You can find the owners details at the Property Registration Authority of Ireland. Section 107 of the Registration of Title Act 1964 provides for the making of land registers open to public inspection and so it is possible for any member of the public to identify who the owner of a property is.
The Property Registration Authority was established with a wide range of functions, including the promotion and extension of registration of ownership of land. When a property is registered, all relevant details about the property are contained in folios. The folio is guaranteed by the State to be a confirmed record of the title to the property that it refers to. The folio is divided into three parts: the first describes the land and references maps, the second contains entries of the name and address of the owner and the third contains entries relating to burdens.
Aisling Keenan is a property managing agent and consultant and an associate member of the Society of Chartered Surveyors Ireland
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