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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10455
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I am buying a flat which is leasehold with share of

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Hi,I am buying a flat which is leasehold with share of freehold.I have a small dog. Please can you explain the following statement, i dont remember the exact phrase but its basically:No bird, dog or other animal which may cause annoyance to owner lessee or occupyer.My solicitor said this is only applicable if the animal is considered a nuisance and not an animal ban. Is that correct?Also, my dog does not bark or cause any other problems, in fact she is quite old and really just sleeps. If someone were to object, would they have to prove in court that the dog was a nuisance, which I think would not be possible.
Submitted: 1 year ago.
Category: Property Law
Expert:  Aston Lawyer replied 1 year ago.

Hi,

Thanks for your enquiry.

The wording you have provided me with does mean that you are indeed entitled to keep a dog, PROVIDED he/she does not become a nuisance (whether that be by barking/messing in the communal areas).

If any neighbours were to complain about your dog, it would have to be investigated, and if there was evidence that he/she was a nuisance, they could serve Notice on you demanding that your dog be removed immediately. If you were to object, they would have to take you to Court!

So, provided you are 100% confident that he/she is not going to bark, you are perfectly fine to proceed with your purchase.

I hope this helps, and if so, please don't forget to rate my answer.

Kind Regards

Al

Customer: replied 1 year ago.
Hi Thanks,It is also a share of freehold. 1 of 8. No communual areas, I have my own entrance and garden. I also know that others have pets according to the estate agent.What would constitute as a nuisance and presumably if it went to court they would have to prove it?For example, if someone were to knock at my door, the dog may bark maybe once, but i think this is entirely normal, she would not bark continuously for any amount of time. I dont think that would constitute as a nuisance?
I always pick up after my dog, even though it is my own private garden.Thanks.
Expert:  Aston Lawyer replied 1 year ago.

Hi,

Thanks for your reply.

Even though you own a share in the Freehold, you are still under a duty to comply with the terms of the Lease, and hence why this covenant is important.

What is a nuisance comes down to the facts of each case, but it would be to the other residents to prove your dog was being a nuisance. If other people have pets, this certainly goes in your favour, and provided your dog was not barking continuously or for any length of time, a mere bark every now and then, would not constitute a nuisance. I don't therefore think you have much to worry about.

Kind Regards

Al

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