Your neighbours’ dogs are barking all day and night, keeping you and your family out of much needed sleep.

Do you have legal rights?

Yes. All property owners have the right to the undisturbed use and enjoyment of their land and property, which use should be exercised in a manner that does not burden anyone else or infringe on the right of enjoyment of their property.

Barking dogs amounts to a noise nuisance which is a subjective measure and is defined as a sound that disturbs or impairs or may disturb or impair the convenience or peace of any person¹.

The relevant test is that of the reasonable person. That means, would a reasonable person (not an overly sensitive one) find the noise intolerable or a hindrance to their use and enjoyment of their property.  The Noise Control Regulations issued under the Environment Conservation Act, prohibits noise nuisance and determines that no person shall allow an animal owned or controlled by him to cause a noise nuisance. Persons who do not comply with the provisions of these regulations, can face penalties such as a fine(s) or imprisonment.

What can you do?

Trying to solve the problem amicably first by approaching your neighbour and suggesting a solution would be your first plan of action. If no agreement or compromise can be reached, your attorney may issue a letter warning them of further legal action to be taken should the problem not be resolved.

Should the above attempts fail, a written statement/complaint can be made to your local municipality whereby the problem is reported. Your local municipality will then issue warnings to reduce the noise, or they can cause the animal(s) to be impounded if the owner fails to comply with their instructions.

Should the problem still persist and all the above attempts are unsuccessful, an application can be made to court for an interdict preventing your neighbour from causing further or allowing such noise to persist. This approach however does have a cost implication.

Going to court should be a last resort, it is always best to start off with a friendly approach by first addressing the problem directly with your neighbours whereafter you can contact your attorney to assist you with further steps if needed.

 

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¹ Laskey and Another v Showzone CC and Others (5988/06) [2006] ZAWCHC 50; [2007] 4 All SA
1162 (C) (30 October 2006).