Neighbour disputes
Neighbour disputes can be varied in nature. Often neighbour disputes involve disputes as to:
- Noise
- Fences
- Trees
In some instances, in the event a person is subjected to considerable noise, a complaint can be made to the New South Wales Police Force in respect of that noise. However, in other circumstances where, for example, a person is subjected to considerable noise over a prolonged period it may be that they wish to approach the local council or Local Court of New South Wales to seek a noise abatement order.
Typically, disputes in relation to fences involve the building or repairing a fence and will be subject to the Dividing Fences Act 1991 (NSW) (“the Act”). Generally, at law, it is the case that the cost of a “sufficient dividing fence” must be shared by adjoining owners. However, disputes can arise in the context of what one party considers to be sufficient versus the other. In turn, disputes can arise as to whether a structure located on a property is considered a fence, or, indeed, a dividing fence pursuant to the Act.
Disputes in relation to trees may involve the situation where a tree located on the neighbour’s property has caused damage to the adjoining property, or, presents a significant risk of doing so. In the event of such damage the innocent party may be entitled to damages arising from the damage to their property caused by the neighbour’s tree.
It is typically advisable that parties to a neighbour reach an agreement resolving the dispute as other methods of dispute resolution available to them can be costly.