Neighbourhood disputes

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Tensions between neighbours can arise particularly if your neighbour is subdividing or demolishing their current residence. While it may be your first thought to go straight to law enforcement or the council and make various complaints against your neighbour to enforce your rights, it is important to be aware of the rights and protections that you have as a neighbour under the relevant applicable laws. 

Common disputes between neighbours arise from fencing issues, removal or damage of native vegetation, parking issues, noise issues, shared amenities and the boundary line that connects you and your neighbour. This usually leads to privacy issues and potential damages to your property.  

Prior to seeking to engage with legal processes it is preferable to attempt to resolve the dispute whether by a face-to-face conversation or written letter directly with your neighbour.

If tensions continue to increase between you and your neighbour, it may be more appropriate to seek legal assistance directly to avoid hostility and to ensure that relevant laws are not ignored.

For example, if your neighbour wishes to enhance, create or destroy a fence on the common boundary, they are required to inform you prior to any works commencing. This includes receiving your consent or approval to the enhancement, creation or destruction of any fences or walls.

Further, should your neighbour wish to subdivide their property to build townhouses or more dwellings on the same black of land, it is important that you are served with the correct notices, and that all work is conducted by proper tradesmen which will ensure that all laws are abided by.

Next steps

By seeking legal assistance regarding a building or fencing dispute, we aim to ensure you are fully informed regarding what you have control over on your property and to efficiently resolve the dispute while attempting to maintain a positive relationship with your neighbour wherever possible.

Disputes between neighbours can be emotionally taxing and stressful as well as costly if not resolved effectively. It is important to receive professional legal advice when a dispute arises.

If you have any queries in relation to a dispute between you and your neighbour, please contact the team at Scanlan Carroll.