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WHAT'S A NEIGHBOURHOOD DISPUTE?
Please Note
This fact sheet is intended to be general
information about the law. It is not
substitute for legal or other professional advice.
Its intention is to
give background general information on situations definitions and possible
courses of action in resolving matters between neighbours.
I of course cannot accept responsibility for loss to any person, who either acts
or does not act because of this fact sheet.
www.noiselaw.co.uk
This fact sheet is general information only. If you need a lawyer, try
LawMatch™ a free
service that matches you with a lawyer who meets your legal needs and
preferences.
How does it happen?
Usually one neighbour does something intentionally or accidentally that
disturbs the other neighbour. Disputes about fences, dogs, drainage problems and
trees are the most common.
Although these disputes may not seem important compared to some other legal
problems, they can be significant if you are unable to enjoy the peace and quiet
of your home.
What laws apply?
There are a number of
different laws that are relevant to neighbourhood disputes.
For example:
.
Writing a letter
If you can't sort out the problem over a
cup of coffee or a beer, the next step is write a letter.
Try not to be antagonistic or threatening. Just set out the problem as you
see it, and suggest what you believe is a reasonable settlement of the problem.
Invite your neighbour to respond in a reasonable length of time, for example
a week, with their own ideas. Ask if they see the dispute in the same way. See
our Forms and Letters for a
sample letter .
Remember, a letter is only the first step you will take to resolve the
dispute, but it will be the cheapest and quickest.
You could point out that you take the
dispute seriously, and you may have to speak to a lawyer if it can't be settled.
If you and your neighbour can agree on what to do, it's a good idea to
immediately write back and confirm the agreement. Remember to keep a photocopy
of any letter you send, and make sure it is clearly dated.
Mediation
If the dispute can't be settled in
a friendly way, there are alternatives to using courts.
Mediation uses techniques that bring people together to discuss their
problems. Trained mediators will help you discuss the problem, make sure that
you and your neighbour have your say and help you reach an agreement.
Whatever takes place in the mediation is confidential.
The mediator does not have the power to force a settlement in the way that a
judge or magistrate can. They help you reach agreement, which you will be happy
with - and if this happens you shouldn't need to enforce the agreement.
There are a number of
mediation services
that you could try. Compare costs and the services offered.
Using courts
If mediation
doesn't work, most neighbourhood disputes can be dealt with by the Magistrates'
Court.
If you want compensation, speak to a lawyer, because the Magistrates' Court
is limited in the amount of money it can offer for compensation. If the damage
is serious, it might be necessary to make an application to a higher court.
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in New South Wales. Lawscape
Communications P/L
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TOP TEN QUESTIONS
- What can I do about noisy cars?
A notice can be served by an Environment Protection Authority officer on the
owner of any car that exceeds the standards contained in the Environment
Protection Act. The notice will order the driver to present the motor vehicle
for testing. The owner can fix the problem before the date of testing.
- What if I can't find my neighbour or the neighbouring land is not
occupied?
Ask the local council to check its rate records to identify the owner of the
land and/or premises.
A Notice to Fence should be sent to the owner by certified mail.
- What if my fence was destroyed because of something my neighbour did? Who
pays?
If the fence was destroyed because of your neighbour's negligence (e.g. his
car damaged the fence) then it is the responsibility of the neighbour to pay
for its repair. The Magistrates' Court can enforce this.
- What if an animal trespasses on my property?
The owner is liable for any damage caused by the animal.
The only exception is if the animal was able to trespass because of a natural
event, such as a storm that knocked down the fence between the property.
- What's trespass?
Trespass occurs when one person interferes with another person's possession of
their land.
It doesn't matter whether the trespass was deliberate or not.
It is trespass to go onto another person's land without their permission. This
includes placing something, for example a car, on another person's land
without their permission.
- Are cats allowed to be outside the owner's premises and not under control?
If the Council has made an order that a particular area is out of bounds to
animals not under the control of the owner, and a cat is found in that area, a
fine can be imposed.
An owner includes a person who is temporarily looking after the cat.
- If I'm a tenant do I have to pay for fence repairs?
The Fences Act sets out rules for the distribution of costs between tenants
and landlords.
Where the lease has less than three years to go, which would include most
residential tenancies, the landlord must pay.
If it's between three and six years - the tenant pays a quarter of the cost.
If it's between six and twelve years - the tenant pays half of the cost.
For more than twelve years - the tenant pays the whole cost.
- I have a hearing sensitivity, so a noise that is normal for others is too
high for me. Can I go to court to force my neighbours to keep their stereo and
TV on a low level?
You should see a lawyer if the problem is particularly bad, but it is unlikely
the court will agree to your request because the case will be judged from the
point of view of what is "reasonable".
- I got a notice from the EPA to fix my noisy car. I think I'll just sell it
to avoid the problem.
Sorry, this won't work. You have to take the car to an approved tester and
correct the problem before you are permitted to sell the car. Nice try,
though!
- The Council declared our dog dangerous when it tried to bite the gas
reader, but it is a guard dog! Is that legal?
Yes. Under the legislation the Council can do this, and can demand that you
appropriately restrain the dog. Can we suggest that you get in touch with a
lawyer if you want to challenge this decision, but you may be informed that
there is not much you can do.
| Read this:
This fact sheet is intended to be
general information about the law in New South Wales. It is not substitute
for legal or other professional advice. Lawscape Communications P/L does
not accept responsibility for loss to any person, who either acts or does
not act because of this fact sheet. |
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