Problems with Neighbours

When you have a dispute or problems with your neighbours, the last thing you should do is rush to court. The most effective way of working out a solution is usually to talk and try to come to an arrangement that suits you both. After all, you could be living near each other for a long time to come, so it’s probably in both of your interests to stay on reasonable terms.

If the problem persists with your neighbours, you should always consider speaking to your lawyer about your rights as well as any potential ways of solving the dispute.

For instance, instead of going through the court system your solicitor may recommend that you go through mediation as a way of reaching a workable agreement while keeping costs down. A mediator will not make a strict ruling about who is right or wrong, or impose any penalties. They will simply try to settle the dispute by having you agree to a solution you both can live with. You can find out more about mediation by speaking with one of our experienced Solicitors.

Nuisance

A person can complain of nuisance if damage is caused by a substantial and unreasonable interference with the private right to use and enjoy one’s land. For it to constitute a nuisance, the relevant activity must not be trivial or unreasonable. Examples of nuisances may include noisy animals, loud air-conditioners and interference with drainage.

If your neighbour is causing a nuisance, you should initially talk to them about the problem and ask them politely to stop or remove the nuisance. If this is not successful, you can apply to the Supreme Court of NSW for an order against your neighbour to stop the nuisance. You may also be able to ask for damages (compensation). This process may be complex and expensive, so you should consult a lawyer before taking any action.

A nuisance complaint cannot be made about a tree or trees covered by the Trees (Disputes Between Neighbours) Act 2006 (NSW).

How can a Solicitor help?

Neighbourhood disputes are common. Our team can advise you on how to make sure your dispute is resolved in the best possible way.

We can:
• Advise you on your rights, answer any legal questions you have, and help you negotiate an outcome that suits you
• Advise you about the right way to resolve a dispute and what courses of action are available
• Write letters of complaint for you, or help you complete the forms you will need to submit to a government agency.

Stay tuned to our website and Social Media for upcoming articles on problems with neighbours, such as overhanging trees, noise complaints and fences, and how to resolve your neighbourhood disputes.

For any enquiries you may have relating to neighbourhood disputes please contact Solari and Stock Lawyers at our Miranda office on 8525 2700, or click here to request an appointment.

Article and image by Lawfully Expained ad can be found in its original state by clicking here.