Neighbourhood disputes are a common but stressful part of life for many Australians. Whether it’s a disagreement over a fence, noise complaints, overhanging trees or property boundaries, conflicts between neighbours can quickly escalate if not handled properly. Fortunately, residents in New South Wales have clearly defined legal rights and options under various state laws to resolve these disputes in a structured and peaceful manner.
This blog will explore the most common types of neighbourhood disputes in NSW, outline your legal rights and responsibilities, and explain the available options to help you resolve the issue, either informally or through formal legal action. Whether you’re dealing with an unreasonable neighbour or simply looking to avoid further escalation, this guide will help you understand where you stand and what you can do.
Common Types of Neighbourhood Disputes in NSW
Neighbourhood disputes can arise for a number of reasons, including:
- Dividing fences and boundary issues
- Overhanging tree branches or root damage
- Noise complaints
- Pet behaviour
- Shared driveways or easements
- Damage to shared property
- Trespass or encroachment
Each of these disputes can cause tension and significantly impact your enjoyment of your home. That’s why it’s essential to know your rights and obligations under the law, and when it’s time to seek legal advice.
Your Legal Rights in NSW
In New South Wales, several key pieces of legislation govern how neighbourhood disputes should be handled. These include:
- Dividing Fences Act 1991 (NSW)
- Trees (Disputes Between Neighbours) Act 2006 (NSW)
- Environmental Planning and Assessment Act 1979 (NSW)
- Protection of the Environment Operations Act 1997 (NSW)
- Civil and Administrative Tribunal Act 2013 (NSW)
These laws give you the right to:
- Seek cost-sharing for dividing fences
- Request removal or trimming of overhanging tree branches
- Lodge a noise complaint with local council
- Apply for mediation or tribunal hearings
- Seek compensation or compliance orders
Understanding the relevant legislation is the first step to resolving your dispute legally and effectively.
Dividing Fence Disputes
One of the most frequent neighbourhood issues involves dividing fences. If your fence is damaged or needs replacement, the Dividing Fences Act 1991 (NSW) outlines each party’s responsibilities. Key points include:
- Both neighbours are usually required to contribute equally to the cost of building or repairing a dividing fence
- The fence must be a “sufficient dividing fence” for the purposes of both properties
- You must provide written notice to your neighbour before carrying out any work
- If agreement cannot be reached, you can apply to the NSW Civil and Administrative Tribunal (NCAT) to resolve the matter
You also cannot force your neighbour to pay for an overly expensive or decorative fence unless they consent to it.
Tree and Vegetation Disputes
Another common source of friction between neighbours is trees. Overhanging branches, falling leaves, or root damage can lead to significant tension. Under the Trees (Disputes Between Neighbours) Act 2006 (NSW), affected neighbours can:
- Request that the tree owner trim or remove offending branches
- Apply to the Land and Environment Court for an order if the tree is causing, or is likely to cause, damage or injury
- Seek orders for removal, pruning, or compensation for damage caused by roots or falling debris
It’s always best to try to resolve the issue amicably before escalating to legal action. However, if informal attempts fail, legal recourse is available.
Your Rights and Options When Facing a Neighbourhood Dispute in NSW
Neighbourhood disputes are more common than many people realise, especially in densely populated urban areas across Western Sydney, such as Blacktown, Mount Druitt, Parramatta, and surrounding suburbs. Disagreements between neighbours can arise from a wide range of issues, including noise complaints, overhanging trees, dividing fences, encroachments, and even pet behaviour. These types of conflicts can quickly escalate and become stressful if not handled correctly.
At Golottas Solicitors, we understand how frustrating and emotional neighbourhood disputes can be. More importantly, we know how to resolve them using the right combination of negotiation, mediation, and legal strategy. In this blog post, we explore your legal rights, the available dispute resolution options, and when to seek assistance from an experienced solicitor.
Common Types of Neighbourhood Disputes
Disputes between neighbours can arise for many reasons, but the most common include:
- Dividing fence disputes (repairs, replacements, cost-sharing)
- Noise complaints (loud music, barking dogs, machinery)
- Overhanging trees and roots causing damage or obstruction
- Privacy concerns, such as security cameras pointing into neighbouring properties
- Encroachment disputes, where a structure crosses property boundaries
- Pet nuisance complaints, including aggressive animals or uncontrolled roaming
- Drainage or stormwater runoff issues between properties
These issues often become more complex when neighbours are uncooperative or unaware of their responsibilities. In some cases, a minor matter can develop into a prolonged legal battle that affects your property value, quality of life, and emotional well-being.
Neighbourhood disputes can also involve:
- Blocking of natural sunlight due to new construction
- Use of shared driveways or easements
- Smoke drift from barbecues, chimneys, or cigarettes
- Loud renovation works without proper notice
- Alleged harassment or threatening behaviour from a neighbour
Disputes are not always about physical boundaries; they can involve any behaviour or condition that interferes with your peaceful enjoyment of your home. Even tenants have rights, and landlords may also need to get involved if property issues arise between renters.
Your Legal Rights in NSW
In New South Wales, your legal rights in a neighbourhood dispute depend on the type of issue at hand. Several pieces of legislation and legal principles apply, including:
- Dividing Fences Act 1991 (NSW)
- Trees (Disputes Between Neighbours) Act 2006 (NSW)
- Protection of the Environment Operations Act 1997 (NSW)
- Environmental Planning and Assessment Act 1979 (NSW)
- Common Law principles regarding nuisance and trespass
If your neighbour’s actions unreasonably interfere with your ability to enjoy your property, you may have a right to seek remedy through legal channels. This could involve monetary compensation, a court or tribunal order requiring action, or in some cases, a restraining or apprehended personal violence order (APVO).
Handling Dividing Fence Disputes
Fences are one of the most common sources of neighbourhood conflict. If you want to build or repair a fence on the boundary between two properties, you must follow the process set out in the Dividing Fences Act 1991. This includes:
- Providing your neighbour with a Fencing Notice that outlines your proposal
- Agreeing on the type, cost, and construction method of the fence
- Sharing the costs equally, unless one party benefits disproportionately or is responsible for damage
If your neighbour refuses to respond or disagrees, you can apply to NCAT (NSW Civil and Administrative Tribunal) for a decision. NCAT can order a fence to be built and decide who should pay.
In some cases, a neighbour may build a fence without consultation, or one that is beyond what the law deems ‘sufficient’. In such situations, a solicitor can help you challenge the decision and negotiate a fair outcome.
Tree and Vegetation Disputes
Tree roots and overhanging branches can cause extensive damage to fences, driveways, drains and even building structures. If your neighbour’s tree is damaging your property or poses a risk, the Trees (Disputes Between Neighbours) Act 2006 allows you to:
- Request that the tree be pruned or removed
- Apply to NCAT or the Land and Environment Court for an order
- Claim compensation for damage caused by trees
Before taking legal action, you should try resolving the matter informally by requesting the neighbour to prune or maintain the tree. If they refuse, legal action may be necessary.
You must provide evidence of the damage or potential hazard, such as photographs, arborist reports or repair invoices. The tribunal will consider the safety of people and property, heritage value of the tree, and its environmental significance before making a ruling.
Noise Complaints and Nuisance Behaviour
Noise is another major cause of tension between neighbours in New South Wales. Whether it’s loud music, barking dogs, or ongoing renovations, excessive or unreasonable noise can affect your wellbeing and quality of life.
Under the Protection of the Environment Operations Act 1997 (NSW), you have the right to:
- File a complaint with your local council or the NSW Environment Protection Authority (EPA)
- Contact the police if the noise occurs after hours and causes an immediate disturbance
- Seek a noise abatement order through the Local Court
Some common sources of noise disputes include:
- Loud parties or music
- Power tools used outside reasonable hours
- Air conditioners, pool pumps, and other machinery
- Dogs barking excessively
In many cases, councils or police may issue a noise control notice, which can carry fines or compliance requirements. If the problem persists, you may apply to the court for a binding order to stop the behaviour.
It is always recommended to try a polite conversation or a written request before escalating. Many neighbours are not even aware they’re causing a problem.
Mediation as a First Step
Before jumping into formal legal action, one of the most effective and cost-friendly ways to resolve a dispute is mediation. The NSW Community Justice Centres (CJC) provide free mediation services that help neighbours resolve disputes in a neutral and supportive environment.
Benefits of mediation include:
- It is confidential and voluntary
- You retain control over the outcome
- Agreements can be flexible and practical
- It often preserves the neighbourly relationship
- It avoids the stress and cost of going to court
Mediation is especially useful for disputes involving ongoing relationships, such as shared driveways or frequent contact. Trained mediators guide the discussion and help each party come to a mutual agreement.
In some cases, NCAT or the courts may even recommend or require mediation before proceeding with a formal hearing.
Taking the Dispute to the NSW Civil and Administrative Tribunal (NCAT)
If mediation fails, or if your neighbour refuses to cooperate, you may consider making an application to the NSW Civil and Administrative Tribunal (NCAT).
NCAT can hear a wide range of neighbourhood disputes, including:
- Dividing fence disputes
- Tree and vegetation claims
- Noise and nuisance matters
- Strata disputes in apartment complexes
- Minor property encroachments
Before applying to NCAT, you’ll need to:
- Gather evidence such as photos, videos, and written communication
- Provide any expert reports (for example, arborist or land surveyor reports)
- Demonstrate that you attempted to resolve the matter directly or through mediation
Applications can be lodged online, and most hearings are informal, without the need for a lawyer. However, legal representation is permitted and often advisable if the matter is complex or if significant property issues are at stake.
When to Seek Legal Help
While some neighbourhood disputes can be resolved informally, others require the guidance of a legal professional. You should consider speaking to a solicitor experienced in property and civil disputes if:
- The dispute involves substantial property damage or risk of injury
- You are facing repeated, escalating conflict
- Your neighbour is unwilling to cooperate or communicate
- There are complicated legal issues, such as easements, encroachments, or development approvals
- You are unsure about your legal position or rights
- You have received formal letters, legal notices, or tribunal applications
A lawyer can help by:
- Reviewing your situation and explaining your rights
- Drafting letters to the other party on your behalf
- Advising you on whether you are likely to succeed in court or at NCAT
- Preparing evidence and submissions for a tribunal or court hearing
- Negotiating a settlement or formal agreement with your neighbour
Engaging a lawyer early in the process can sometimes prevent a dispute from worsening, saving you stress, time, and unnecessary legal expenses.
How Much Does It Cost to Resolve a Neighbourhood Dispute?
The cost of resolving a dispute varies depending on the method used:
- Informal resolution through communication or mediation is usually free or low-cost
- Mediation through the NSW Community Justice Centres is free
- NCAT applications cost between $50 and $300 depending on the type of dispute
- Court action can become expensive if legal representation and expert witnesses are involved
- Legal advice and negotiation with a private solicitor usually ranges between $300 and $600 per hour, depending on the complexity
Where possible, it is best to resolve the matter quickly and amicably to avoid the emotional and financial burden of formal proceedings. However, in serious cases, legal intervention may be the only way to protect your property and peace of mind.
What Golottas Solicitors Can Do for You
At Golottas Solicitors, we understand the strain that neighbourhood disputes can place on your daily life. Our team is experienced in handling disputes involving:
- Dividing fences and property boundaries
- Overhanging trees, root damage, and vegetation
- Noise and nuisance complaints
- Trespass and encroachments
- Strata and easement issues
We offer practical, tailored advice to help you resolve the matter as efficiently as possible. Whether you need us to draft legal correspondence, represent you in a mediation or NCAT hearing, or act for you in a Local Court proceeding, we’ll stand by your side to protect your interests.
Our firm proudly serves clients across Western Sydney, including Blacktown, Mount Druitt, Fairfield, Parramatta, Wetherill Park, and surrounding areas.
Final Thoughts
Neighbourhood disputes may seem minor at first, but they can quickly escalate if not handled properly. Understanding your rights under NSW law and knowing your available options, whether that’s friendly negotiation, mediation, or legal action, is key to resolving issues calmly and effectively.
Start by having an open, respectful conversation with your neighbour. If that fails, consider free mediation services or apply to NCAT. And if the situation becomes more complex or aggressive, seek legal advice from a qualified solicitor.
Golottas Solicitors is here to help you every step of the way.
