Many dog/puppy daycare facilities have popped up in recent years, but what happens if the daycare is located in a residential area and happens to be your neighbour? What can you do about the the nuisance caused and the disturbance to the use and enjoyment of your property?
The case of Christopher v Verster [2021] 9001-2020 (WCC), recently dealt with such a matter. To sum it up, the Applicant and the First and Second Respondent were neighbours, the First and Second Respondent ran a dog/puppy daycare from their premises. The Applicant had several discussions with his neighbours about the constant noise emanating from the premises and laid many complaints with the City of Cape Town to enforce by-laws and noise regulations (which was done), however no resolution was reached.
The Applicant approached the Western Cape High Court to adjudicate the matter. The Applicant sought relief to the effect that his neighbour be prevented form operating a dog/puppy day care from the premises and to cease the operation of a dog/puppy daycare from the premises.
The Applicant contended that the dog/puppy daycare was contravening various city by-laws and was creating a nuisance due to the incessant barking of the many dogs being catered for. The Applicant’s use and enjoyment of his property was being disturbed.
The Court held that the First and Second Respondent’s were prohibited from operating a puppy /dog daycare from the premises and that they are to cease the operations of the dog/puppy daycare from the premises.
