Neighbour disputes can quickly become stressful, especially when you live close to the person involved. Common issues include excessive noise, fencing disagreements, boundary disputes, and disagreements about access to neighbouring property.
While many disputes can be resolved through communication, some neighbours may refuse to cooperate. When this happens, understanding your legal rights and obligations can help you resolve the issue.
Our experienced dispute lawyers can assist with neighbour disputes in NSW, including residential noise complaints, fencing disputes, and boundary issues.
Common types of neighbour disputes in NSW
Neighbour disputes can arise for many reasons. Some of the most common disputes involve:
- Excessive or unreasonable residential noise;
- Dividing fence disagreements;
- Boundary line disputes;
- Damage caused by neighbouring properties;
- Access issues involving neighbouring land;
- Disagreements between strata neighbours.
The appropriate solution depends on the nature of the dispute and the rights and responsibilities of each neighbour under NSW law.
What can I do about noisy neighbours in NSW?
Noise from a neighbour can become a legal issue when it unreasonably interferes with your comfort, lifestyle, or enjoyment of your property.
The Protection of the Environment Operations (Noise Control) Regulation 2017 sets out restrictions for certain types of residential noise, including when specific noises should not be heard from neighbouring properties.
Steps to take if a neighbour is making excessive noise
- Speak with your neighbour: In many cases, a calm conversation can resolve the issue.
- Contact your local council: Councils may investigate noise complaints and take enforcement action.
- Contact police: Police may assist with certain types of unreasonable or offensive noise.
- Apply for a Noise Abatement Order: If the issue continues, you may be able to apply to the Local Court.
A Noise Abatement Order can require a person to stop or reduce offensive noise. Obtaining legal advice before making an application can help ensure your evidence and application properly address the legal requirements.
Neighbour fencing disputes in NSW
Dividing fence disputes are one of the most common neighbour disagreements. Under NSW law, neighbours generally share responsibility for the cost of a sufficient dividing fence.
However, a neighbour is usually only required to contribute to a fence that is considered reasonably necessary and appropriate for the circumstances.
Factors that may affect what is considered a sufficient dividing fence include:
| Factor | How it may affect the fence dispute |
|---|---|
| Existing fence | The condition and type of the current fence may affect whether replacement or repairs are required. |
| Privacy requirements | Privacy concerns may influence the appropriate height and style of fencing. |
| Use of the property | The purpose and use of each property may affect what type of fence is reasonable. |
| Damage caused by a neighbour | A neighbour who damages a dividing fence may be responsible for repair costs. |
What happens if neighbours cannot agree about a fence?
If neighbours cannot agree about a dividing fence, either neighbour may serve a Boundary Notice outlining their proposal.
If you receive a Boundary Notice, you generally have seven days to respond by agreeing to the proposal, identifying where you believe the boundary is located, or arranging for a surveyor to determine the boundary position.
Failing to respond appropriately may result in financial consequences, including responsibility for certain surveying costs.
Because fencing disputes can involve complex issues, including retaining walls, swimming pool fencing, or access to neighbouring land, obtaining legal advice can help protect your position.
How are boundary disputes between neighbours resolved?
A boundary dispute occurs when neighbouring property owners disagree about the location of their legal property boundary.
If the dispute relates specifically to a dividing fence, neighbours may follow the process under the Dividing Fences Act 1991 (NSW).
For other boundary issues, a property owner may apply for a determination of the title boundary through the NSW land titles system.
Boundary determination applications can involve detailed evidence, surveying information, and legal submissions. If you are involved in a boundary dispute, obtaining advice early can help avoid unnecessary costs and delays.
Can neighbour disputes go to court?
Yes. If neighbours cannot resolve a dispute through communication, negotiation, or mediation, legal proceedings may become necessary.
The appropriate forum depends on the type of dispute. For example, noise matters may involve the Local Court, while some strata disputes may be dealt with through the NSW Civil and Administrative Tribunal (NCAT).
Before commencing proceedings, it is often helpful to obtain legal advice about your options and the likely outcome.
Frequently asked questions about neighbour disputes NSW
What can I do if my neighbour refuses to fix a fence?
If your neighbour refuses to contribute to a dividing fence, you may need to follow the process under the Dividing Fences Act 1991 (NSW). This may include serving a Boundary Notice and attempting to reach an agreement.
Can I complain about noisy neighbours in NSW?
Yes. You can raise noise complaints with your local council or police depending on the circumstances. If the noise continues, you may be able to apply for a Noise Abatement Order.
Do I need a lawyer for a neighbour dispute?
Not every neighbour dispute requires legal action. However, legal advice can be valuable where a neighbour refuses to cooperate, the dispute involves property rights, or the matter may proceed to Court or Tribunal.
Get Legal Advice About a Neighbour Dispute in NSW
Neighbour disputes involving noise, fencing, or boundaries can become complicated when communication breaks down. Understanding your legal rights early can help you resolve the matter efficiently and avoid unnecessary conflict.
If you need assistance with a neighbour dispute in NSW, our lawyers can provide advice about your options and help you determine the best way forward.
Contact us on (02) 9818 2888 or email [email protected].