Neighbourhood Disputes Wollongong

Get Help From Our Wollongong Civil Dispute Lawyers

You know the famous sayings: "A man’s house is his castle" and "Good fences make good neighbours."

At Hanna Lawyers, we know all too well that disputes with neighbours over nuisances, fences, or trees can seriously impact your life, making you feel uncomfortable or unsafe in your own home.


You are entitled to the quiet enjoyment of the land you occupy, whether you are an owner or a tenant. A legal nuisance is a substantial and unreasonable interference with a person’s quiet enjoyment and can include noise, light, dust, fumes, odours, smoke, or flooding.


Encroaching trees can constitute a private nuisance, and damages may be available if a person can prove a tree caused damage to their property. The NSW Land and Environment Court hears applications under the Trees (Disputes Between Neighbours) Act 2006 in relation to tree disputes.


Dividing fences can also be a source of disagreements between neighbours, often arising when the owners of adjoining properties cannot agree on the fence's construction, maintenance, or position. In New South Wales, such disputes are governed by the Dividing Fences Act 1991. If you cannot reach an agreement with your neighbour regarding a fencing dispute, you can apply for a Fencing Order with the NSW Civil and Administrative Tribunal (NCAT) or the Local Court.

The sooner you seek legal advice for a neighbourhood dispute, the better your chances of resolving the issue effectively. Take action now and let our solicitors help you find a fair and lasting solution.

For any neighbourhood dispute, we encourage you to follow the steps below:

Talk

Talk to your neighbour first to see if you can reach a suitable agreement. An early resolution that is fair to both parties is always the best outcome

Mediate

Contact a NSW Community Justice Centre (CJC) by calling 1800 990 777 to discuss your dispute and arrange a mediation 

Take legal action

As a last resort, Hanna Lawyers will take legal action, including commencing formal proceedings, if necessary


Our Clients Speak for Us

Neighbourhood Dispute FAQs

  • What are my options if my neighbour is making an intrusive noise and I have spoken to them politely about it but the noise continues?

    You may attempt mediation through a Community Justice Centre (CJC), request your Local Council or NSW Police to issue a noise abatement direction, or apply directly to your Local Court for a noise abatement order. If the Court is satisfied that there is enough evidence that your neighbour is causing offensive noise or that it is likely to happen again, it may order your neighbour to stop the noise or face penalties.

  • My neighbour and I are in dispute about the fence between our properties, what can I do?

    If mediation with your neighbour over your fence dispute has not been successful, you may send a  Fencing Notice, formally asking for fencing work to be done. If the problem persists, you can apply for a Fencing Order with NSW Civil and Administrative Tribunal (NCAT) or the Local Court.

  • My neighbours’ trees are hanging over my fence, and I have now noticed the tree roots causing damage to my property, what are my options?

    If discussions and mediation have failed, you may apply to the Land and Environment Court to obtain an order for tree pruning/removal and/or compensation for property damage. Before bringing an application, you should conduct an online property search through NSW Land Registry Services to confirm the legal owner of the property and its zoning. Your application should be supported by expert evidence from an arborist, builder, or engineer.

  • Can I trim back the imposing branches of a neighbour’s tree or a hedge myself?

    While cutting back branches might seem like the easiest solution, you should first speak to your neighbour and check with your local council, as some trees are protected under a Tree Preservation Order. You are generally allowed to trim branches back to the boundary line, but entering your neighbour’s property to remove or prune a tree without consent is considered trespassing.