Disputes between neighbours are more common than most people realise. In fact, fencing disagreements, tree damage, and excessive noise are among the leading causes of neighbour conflicts in New South Wales. While many issues can be resolved with a friendly conversation, others escalate into serious disputes that require legal intervention. If left unchecked, they can affect your peace of mind, reduce property values, and even lead to costly litigation.
At Golottas Solicitors, we help clients across Sydney and NSW navigate these conflicts with practical advice and effective legal representation. Whether your neighbour refuses to contribute to the cost of a fence, a tree is causing property damage, or you cannot sleep because of ongoing noise, it is important to know your rights under NSW law. This guide explains the main causes of neighbour disputes, the legal processes for resolving them, and when you should seek help from an experienced neighbour dispute solicitor.
Why Neighbour Disputes Happen
Living side by side with others means sharing boundaries and responsibilities. Unfortunately, not all neighbours agree on what is fair or reasonable. The most common disputes we see at Golottas Solicitors include:
- Fence disputes about the cost, placement, or type of fence to be built or repaired
- Tree disputes where overhanging branches or invasive roots cause damage or pose safety risks
- Noise complaints about parties, pets, renovations, or machinery
- Boundary disputes involving unclear or incorrect property lines
- Access disputes where driveways or shared rights of way are blocked
Understanding the laws that apply to each of these situations is the first step towards resolution.
Fence Disputes in NSW
The Dividing Fences Act 1991
In NSW, fencing disputes are regulated by the Dividing Fences Act 1991. This law outlines the rights and responsibilities of neighbours when it comes to building or repairing a dividing fence. A sufficient dividing fence is one that is adequate for the purpose, taking into account the standard of fences in the local area, the use of the land, and any council regulations.
Who Pays for a Fence?
Generally, both neighbours must contribute equally to the cost of constructing or repairing a dividing fence. However, if one neighbour wants a fence that is more expensive than necessary, that neighbour usually pays the additional cost.
What to Do If Your Neighbour Refuses to Pay
If you and your neighbour cannot agree, you can serve them with a Fencing Notice. This formal notice sets out the proposed work, the estimated cost, and how expenses will be shared. If the neighbour refuses, you can apply to the NSW Civil and Administrative Tribunal (NCAT) or the Local Court for an order. Having a solicitor prepare and serve the notice ensures it is legally valid and increases the chance of compliance.
Tree Disputes in NSW
Overhanging Branches and Roots
Trees are a common source of neighbour conflict. Overhanging branches may drop leaves, fruit, or sap onto a neighbour’s property, while invasive roots can damage pipes, fences, or even house foundations.
NSW law allows you to prune branches or roots that extend onto your property. However, you must return the cuttings to your neighbour unless they tell you not to. If pruning will damage or kill the tree, or if the tree is protected by council regulations, you may need approval before taking action.
The Trees (Disputes Between Neighbours) Act 2006
The Trees (Disputes Between Neighbours) Act 2006 provides a legal pathway for resolving tree disputes. You can apply to the Land and Environment Court to order your neighbour to prune or remove a tree, or to compensate you for damage it has caused. The court considers factors such as the risk of injury, property damage, and whether the tree is protected or environmentally significant.
Dangerous Trees
If a tree is dangerous and poses an immediate threat to people or property, urgent action may be required. It is essential to document the risk and seek advice before removing or pruning the tree to avoid fines for damaging protected vegetation.
Noise Complaints in NSW
What Counts as Excessive Noise?
Noise complaints are one of the most frequent neighbour disputes. They can involve barking dogs, late-night parties, loud music, construction work, or power tools. Under the Protection of the Environment Operations Act 1997, certain types of noise are restricted at particular times of the day. For example, power tools should not be used late at night or early in the morning, and alarms should not sound continuously.
How to Handle Noise Disputes
The best way to resolve a noise issue is often the simplest: talk to your neighbour politely. If this does not work, you can:
- Contact your local council to investigate and issue fines or noise abatement notices
- Contact the police for loud parties or persistent noise outside permitted hours
- Apply to NCAT for an order if the problem continues
A solicitor can advise on whether your situation qualifies as excessive noise under NSW law and assist in lodging complaints or tribunal applications.
Boundary and Access Disputes
Boundary Disputes
Boundary disputes occur when neighbours disagree about the exact location of a property line. This can happen if a fence has been built in the wrong place or if one neighbour claims ownership of part of the other’s land. These disputes often require a surveyor to establish the legal boundary.
If your neighbour refuses to accept the results, you may need to seek orders through the Supreme Court under the Encroachment of Buildings Act 1922. The court can order the removal of the encroachment or require compensation.
Access Disputes
Access disputes arise when a neighbour blocks or restricts use of a shared driveway, easement, or right of way. These can be particularly disruptive if access is essential for vehicles or emergency services. In such cases, legal advice is essential to enforce your rights and restore access.
How to Resolve Neighbour Disputes
Step 1: Communicate Clearly
The first step should always be to speak with your neighbour calmly and directly. Many disputes are caused by misunderstandings.
Step 2: Use Mediation
If communication fails, you can use a mediation service such as Community Justice Centres (CJCs). These services are free and specialise in resolving neighbour disputes without the need for legal action.
Step 3: Involve Council or NCAT
For issues relating to noise, fences, or trees, you can seek assistance from your local council or apply to NCAT for legally binding orders.
Step 4: Seek Legal Advice
If your neighbour refuses to cooperate, engaging an experienced solicitor is the most effective way to protect your rights. At Golottas Solicitors, we assist clients with all stages of neighbour disputes, from drafting formal notices to representing them in tribunal or court hearings.
Why Legal Advice Is Important
Neighbour disputes are often more complicated than they appear. What seems like a simple issue about a tree or fence can quickly escalate into expensive litigation if handled incorrectly. A solicitor can:
- Explain your rights under NSW law
- Ensure you comply with local council regulations
- Draft legally valid notices, such as fencing notices
- Represent you at NCAT or in court
- Negotiate fair settlements to avoid drawn-out conflict
By engaging a neighbour dispute solicitor early, you increase your chances of resolving the matter quickly and cost-effectively.
Frequently Asked Questions About Neighbour Disputes in NSW
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Can I force my neighbour to pay for half of a new fence?
Yes. Under the Dividing Fences Act 1991, both neighbours must generally share the cost of a dividing fence. If your neighbour refuses, you can serve a Fencing Notice and apply to NCAT if necessary.
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Can I cut my neighbour’s tree branches myself?
You can cut overhanging branches or roots that intrude onto your property, but you must return the cuttings unless your neighbour agrees otherwise. Be cautious with protected or heritage trees and seek advice before acting.
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What happens if my neighbour’s tree damages my property?
If roots or branches cause damage, you may be entitled to compensation or to apply for an order under the Trees Act 2006 requiring your neighbour to remove the tree or cover repair costs.
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Can I complain about my neighbour’s dog barking?
Yes. Persistent barking may be considered excessive noise. You can report it to your local council, which can issue a nuisance order or fines.
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What times can I use power tools in NSW?
Most councils restrict the use of noisy tools before 7 am on weekdays and 8 am on weekends. Each council has specific rules, so check local regulations before starting work.
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What happens if my neighbour builds on my land?
If a neighbour encroaches on your land, you may be able to have the structure removed or receive compensation under the Encroachment of Buildings Act 1922. Legal advice is essential in these cases.
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Do I need a solicitor for NCAT hearings?
While you can represent yourself, having a solicitor increases your chances of success. They can prepare your evidence, draft submissions, and present your case effectively.
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What if I rent my property and not own it?
Tenants can raise disputes, but issues involving fences or boundaries may need to be handled by the landlord. Tenants should still seek advice if they are directly affected by noise, trees, or access disputes.
Conclusion
Neighbour disputes in NSW are stressful but manageable when you understand your rights and follow the correct legal processes. Whether the issue involves fence disputes, tree disputes, noise complaints, or boundary disagreements, there are clear laws that protect property owners and tenants.
At Golottas Solicitors, we help clients resolve neighbour disputes through negotiation, mediation, and when necessary, litigation. Our team understands the sensitive nature of these matters and works to achieve practical, cost-effective solutions that protect your interests.
If you are involved in a neighbour dispute and need guidance, contact Golottas Solicitors today. Our experienced solicitors can explain your options and help you resolve the conflict before it escalates further.
