Your home should be your sanctuary, but if you and your neighbour are at loggerheads over an issue, it can be anything but the refuge you seek. The fact is, with more and more Australians living in closer proximity, neighbourhood disputes are an increasingly common occurrence.

Whether it’s over noise, a fence or your neighbour’s overhanging tree, here’s a guide to handling neighbourhood disputes.

Talk…and listen

Most often, neighbourhood disputes start out as trivial issues but can soon escalate quickly if handled badly. The first port of call is to try and have a rational discussion with your neighbour about the issue at hand.

Ideally, this discussion will see both of you calmly state your case and work towards an outcome that suits all parties. You should be prepared to compromise in order to achieve the best outcome.

If you and your neighbour do come to an agreement, note down the steps that you both agree should be taken to resolve the issue, then put a plan in place, including the dates that specific actions are expected to occur by.

This allows both parties to understand the expectations, and if the situation changes or a deadline can’t be met, let your neighbour know.

Know your legal position

It’s always best to resolve a neighbourhood dispute long before legal action is instigated, but that doesn’t mean you should weigh in blindly without an idea of where you stand.

Seek legal advice to ascertain the law that relates to your situation, and your rights and obligations under that law.

This will also allow you to better understand the many courses of action available to you including mediation, a formal letter, or legal action.

Mediation

Mediation allows you to sit down in neutral territory and have a frank discussion with your neighbour face-to-face. It is a service that is well suited to neighbourhood disputes.

Mediation is led by a trained mediator who can help keep discussion on topic and help prevent any conflict from escalating further.

A mediator will not make a ruling about who’s in the right or the wrong or impose any penalties or restrictions. Instead, they will work to achieve an outcome that all parties can live with.

See you in court!

If an agreement cannot be reached at mediation, court may be the next necessary course of action. There are both advantages and disadvantages to taking legal action.

Legal action allows an impartial party to decide the matter once and for all, using the law as their guide. That means the result is legally binding, and the dispute will likely come to an end.

However, it is worth bearing in mind that there is a good chance you will have to live next to the people you have taken to court for a long time, and this is unlikely to foster friendly relations.

Meanwhile, the court will want to know what actions you took to try and resolve the dispute prior to instigating legal proceedings. Their ruling may also not be to your liking, and there can be delays and stress involved as you wait for your case to be heard. The conflict can also escalate in that time.

If you would like to talk to a lawyer about your legal position in a neighborhoood dispute, T & T Lawyers is available to assist.

It should also go without saying, that if your neighbour is ever violent or threatening towards you, it’s time to call the police.

About T & T Lawyers

T & T Lawyers is a dynamic and progressive Sydney-based firm offering sound advice, effective strategies and the best possible outcomes in all areas of law.

You can learn more about our services here, or contact us directly for further advice.