Most people are quite amicable and patient when it comes to neighbours and living in a community. However, sometimes disputes do arise, especially regarding fences, overhanging trees, or noise. When disputes do arise, there can be nothing worse than an uncompromising, unreasonable or disrespectful neighbour. Fortunately, many of these issues can be resolved without escalating to court with our friendly advice here at Eleven Legal. Here are some legal tips and tricks for managing common neighbour disputes.
Understand Local Regulations and Rights
One of the first steps in resolving a dispute is understanding your legal rights and obligations as an owner. The Northern Beaches Council has specific regulations regarding fences, trees, and noise control, which can often provide clear guidance on your rights. For example, see the council’s page on Noise pollution.
Legal rights can also come from legislation. A good example is in relation to fences under the Dividing Fences Act 1991 (NSW). This act governs how neighbours are generally responsible for sharing the cost of building and maintaining boundary fences and how to resolve such disputes. Knowing the relevant laws can empower you to approach the issue from a position of knowledge. Here at Eleven Legal, we can provide you with detailed advice regarding your rights and legal position.
Initial Communication
Here at Eleven Legal we always recommend that before rushing into legal options, that you first try to resolve the issue through open and calm communication with your neighbour. Many disputes can be resolved by simply having a conversation to explain your concerns and listening to their perspective as well. Whether it’s a matter of an overhanging tree or a fence boundary disagreement, addressing the issue early can prevent it from escalating. If you find it difficult to have a face-to-face conversation, we can assist in providing you with a mechanism to draft a letter, or otherwise have a conversation with your neighbour before escalating the disagreement further.
Mediation: A Peaceful Solution
If direct communication doesn’t resolve the problem, mediation is an excellent alternative. Mediation involves a neutral third party who helps both sides come to an agreement. It’s often a more cost-effective and less stressful option than going to court. Mediation services are available locally, and they can help facilitate a conversation that might otherwise be difficult to have. The Northern Beaches Community Legal Centre and the NSW Community Justice Centres offer mediation services for these types of disputes.
Fencing Disputes
If you and your neighbour can’t agree on the height, type, or cost of a new fence, the Dividing Fences Act 1991 (NSW) provides a framework for resolving these issues. You are required to give your neighbour written notice of your intention to build or repair the fence, and they can either agree or dispute the proposal. Whether or not your fence is on the boundary and whether it is a retaining wall also complicate the dispute. If you can’t reach an agreement, you may need to apply to the Local Court or the NSW Civil and Administrative Tribunal (NCAT) for a resolution. Here at Eleven Legal we can assist you in such a dispute including helping with the notice, communicating with your neighbour, and if needed, assisting with any Local Court of NCAT application.
Tree Disputes
Overhanging trees or roots encroaching onto your property are another frequent source of conflict. While trimming overhanging branches is often within your legal rights, cutting down or causing damage to a neighbour’s tree without their permission can lead to legal consequences. These consequences come from both Council rules regarding tree removal, as well as environmental legislation that can impact when and where trees can be removed.
Under the Trees (Disputes Between Neighbours) Act 2006 (NSW), you can apply to the NSW Environment Court for orders to resolve tree-related disputes if the tree is causing damage to your property or poses a risk to safety. Again, mediation or less formal discussions may resolve the issue without needing legal action. If that fails, and legal action is required, here at Eleven Legal we assist in that process.
Noise Complaints
Noise disputes, especially in densely populated areas, can arise over loud music, construction, or even barking dogs. If your neighbour’s noise is persistent and disruptive, contacting your local council or NSW Police can help enforce noise regulations. Before taking official steps, consider discussing the issue with your neighbour first, as they may not be aware of the disturbance.
Legal Action if required
While most disputes can be resolved through communication or mediation, some issues may require legal intervention. If a dispute escalates, you can seek legal advice and potentially take the matter a court or tribunal suitable to the action required.
You should be aware that legal action is time-consuming and costly, but it is sometimes necessary when all other avenues have been exhausted. Here at Eleven Legal our experienced team can help you with any legal action as required.
If you are having a dispute with your neighbour or need any kind of assistance with a pathway to resolve your dispute, the team at Eleven Legal can help; contact us today!
