Neighbourhood Disputes

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 a dispute with a neighbour over a nuisance, fence 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 a 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 and can arise when the owners of adjoining properties disagree about the fence construction, maintenance or position. In New South Wales, such disputes are governed by the Dividing Fences Act 1991. If you can’t reach an agreement with your neighbour regarding a fencing dispute, you can apply for a Fencing Order with NSW Civil and Administrative Tribunal (NCAT) or the Local Court.

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

Talk

Talk to your neighbour first to see if you can reach an suitable agreement.

Mediate

Contact a NSW Community Justice Centre (CJC) to arrange a mediation.

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

Phone: 02 4228 0084

Office: Level 1, Suite 43,
 26-28 Market Street
 
Wollongong NSW 2500