NEIGHBOUR DISPUTE

What are the most common Neighbour disputes? 

Noise

Noise complaints are common. In NSW, generally noise disturbances are referred to either the police or the local council. In circumstances where the noise is beyond what is acceptable, the person who is responsible for the noice may have infringed a by-law, or even broken the law.

In New South Wales, noise abatement orders are able to be obtained from the local council or the Local Court, in certain circumstances.

Trees

In NSW, disputes over the placement or affect of a tree is governed by the Trees (Disputes Between Neighbours) Act 2006 (NSW). The Act generally governs how neighbourhood disputes involving trees are to be managed, and the circumstances in which a Court may be required to intervene.

The first thing to do if you have concerns over a tree interfering with your property, is to politely engage with your neighbour about your concerns. In most circumstances, it may also be worthwhile checking with the local council to ensure there are no preservation orders in place in respect of that particular tree.

Generally, you are entitled to cut back any part of a neighbour’s trees where overhanging branches are above your property. You must be careful however not to damage the tree, as any damage to the tree could mean you are liable to the property owner (just as any damage caused by the tree to your property could be claimed from the property owner).

In circumstances where a tree needs to be removed or cut down, it is important to speak to the property owner about how you might share the costs of doing so. Failing an agreement, an application to NCAT or the Local Court for the removal of the tree under theTrees (Disputes Between Neighbours) Act 2006 (NSW) may be possible.

Animals

Animals are capable of making noise and in some situations, property damage. Pets are extremely popular in Australia’s cities and so any nuisance caused by animals being kept by your neighbours must be balanced against the entitlement of people to own companion animals.

In New South Wales, neighbourhood disputes involving nuisance caused by pets are generally determined under the Companion Animals Act 1998 (NSW). That Act provides for when pets can be deemed a nuisance to your neighbours (i.e. because of having caused property damage or excessive noise).

As with other forms of neighbourhood disputes, it is always worth speaking to the owner of the animal where you have a complaint. Where a dispute arises and you are unable to resolve it by talking to the owner, you are able to contact your Local Council.

If you are the owner of an animal that may be causing a nuisance that is disrupting the peace of your neighbours, be aware that there may be significant fines for failing to comply with any orders in respect of that nuisance (up to $1,650).

Dividing fences and fence disputes

A very common form of dispute between neighbours, particularly in city neighbourhoods in Australia, is a dispute over dividing fences. In New South Wales, fence disputes are also governed under statute, namely the Dividing Fences Act 1991 (NSW).

In most local Council areas, restrictions and/or regulations will often determine the types of fences which are permitted, and so if there is a need to repair a fence or build a new fence, it is worth contacting your local council to ensure that you are complying with those regulations.

Under the NSW statute, property owners  of neighbouring properties will be jointly responsible for the costs of erecting a sufficient dividing fence and any associated fencing work. Again, it is worth looking into what would constitute a sufficient dividing fence, as this will often depend on what the standard of the existing fence is, the uses of both neighbouring properties, any privacy concerns and any relevant local council regulations or by-laws.

In circumstances where one property owner of neighbouring properties wishes to have a particularly expensive form of fence that goes above what would be sufficient, then that property owner will generally be responsible for the additional costs associated with that additional fencing work.

Usually, adjoining property owners can come to an agreement about the repair or replacement of dividing fences. Where they are unable to do so, the Dividing Fences Act allows property owners to serve a “fencing notice” upon a neighbour which proposes the details of the fencing work, and the likely cost of each neighbour. A failure to agree on the basis of a fencing notice will mean you are likely entitled to obtain an order from the Local Court.