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Last revision: 28/11/2023
Available formats: Word and PDF
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'Nuisance' refers to any unreasonable interference in a person's use and enjoyment of land they own or occupy. It is remedied by an injunction or abatement, in other words, the activity or state of affairs causing the nuisance is stopped or significantly reduced.
This document represents the first step any private individual(s) should take in attempting to resolve an unreasonable interference in their use or enjoyment of their residential property. It can be used in respect of nuisance caused by private citizens, like their neighbours or legal entities, such as factories, construction companies or hospitality businesses.
The document allows the user to choose between several different forms of nuisance. Based on the type of nuisance at issue, the document will include the relevant law and legal authority responsible for regulating the area.
The document provides for the following forms of nuisance: (1) noise; (2) unpleasant odours; (3) disruptive construction work; (4) escaping animals; (5) overhanging plants and trees, and allows the user to specify any other interference with their property that does not fall into one of these categories.
The user can specify the exact nature of the annoyance and what measures they would like to be adopted to remedy the situation. The document guides the user as to the types of actions that would end or reduce the intensity of the nuisance. The idea is to open dialogue between the parties and bring forth a mutually acceptable agreement between them.
While encouraging amicable, informal resolution of the nuisance, the document does cite the legal remedies available to the offended party if action isn't taken to end the nuisance. The user can specify a timeline during which the party causing the nuisance must reply to their complaint, after which the intervention of third parties or legal action will be pursued. This demonstrates that the user is fully aware of their legal rights and the recourse available to them, which further encourages swift resolution of the nuisance.
How to Use this Document
This document serves as a formal complaint to be used by individuals in respect of nuisance produced by individuals (private citizens) or commercial enterprises.
The user should fill in the form accurately and be detailed when describing the activity or state of affairs that is causing them annoyance and interfering in their enjoyment of their property.
This document should be printed off and signed by the user. The letter should be sent as soon as possible, especially if the user specifies a timeline for the offending party to respond to their request.
A hard and soft copy of the document should be retained. It can serve as evidence of the user's attempt to resolve the dispute in the event further action is required to end or limit the nuisance.
For noise related nuisance: The Environmental Protection Agency Act 1992 and the Environmental Protection Agency Act 1992 (Noise) Regulations 1994 (S.I. No 179 of 1994).
For nuisance created by barking dogs: The Control of Dogs Act 1986.
For nuisance related to an odour and burning of waste products: The Air Pollution Act, 1987.
For all other forms of nuisance: Irish Tort Law.
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