Recently, a lady asked me to comment on the situation where she lives, in a residential community in the Corporate Area. She is unable to sleep at nights, though very tired due to a hard day's work, primarily because of her neighbour's dogs that would bark right through the night. She now seeks my advice as to what to do.

My first comment is that this resembles a private nuisance. The word nuisance is used to mean any source of inconvenience or annoyance. The remedies available are damages, an injunction to prevent further annoyance and abatement.

Generally, private nuisance falls into three categories. The first relates to physical injury to, say, crops, for example fumes or vibration from the premises next door or nearby. However, it's important to understand that there must be a balance between the right of the person next door to use his land as he so desires and the right of the complainant to have enjoyment of his land as well. Therefore, the injury complained of must be substantial with respect to your enjoyment of the land.

Malice or bad blood

The question that is usually asked is whether the action of the neighbour is reasonable according to reasonable usage by mankind and in keeping with the neighbourhood. The factors that are usually considered are the locality, the usefulness of the neighbour's conduct, whether the complainant is abnormally sensitive, any malice or bad blood on the part of the neighbour and the duration of the harm.

It is important to also note that the law expects each person to conform to a reasonable standard of conduct and not be super-sensitive. There must also be a determination of the duration of the harm. So in the instant case of dogs barking next door, it would be useful to determine whether the annoyance has existed for some time despite complaints from the complainant, or if the inconvenience was only temporary in nature.

Everyone is entitled

If the matter of the annoyance by the dogs goes to court, the court must apply the standard of the ordinary reasonable resident of the particular area. Thus, in the more rural and rustic areas there might be more tolerance for the barking of dogs and the crowing of cocks during the nights and early morning respectively, but we must never lose sight of the fact that everyone is entitled against his neighbour to enjoy comfortable and peaceful enjoyment of the premises occupied.

In the present complaint, ultimately it will be a question of degree as to whether the interference is substantial so as to affect the comfort and convenience of the person making the complaint.

A good start is to speak to the neighbour about the annoyance and ask him to do something about the noise from the dogs. If that fails, you could get a lawyer to write him and if that fails I am sure the lawyer will advise that you proceed to court for damages and/or an injunction to restrain the neighbour from continuing the nuisance.

Keith N. bishop is an attorney-at-la and partner in the firm of Bishop & Fullerton. He may be contacted by e-mail at knbishop@gmail.com or by text at 779-2871.