Neighbour Disputes2024-10-14T10:22:18+00:00

nEIGHBOUR DISPUTES

Every Move Matters

Litigation Lawyers Sunshine Coast

Every – Move – matters

Neighbour Disputes

Unfortunately, neighbour disputes are a common occurrence that can significantly disrupt the harmony of residential living. These conflicts often arise from issues such as boundary disagreements, noise complaints, disputes over trees and overhanging branches, and concerns about privacy or nuisance. The close proximity of neighbours means that these disputes can quickly escalate, leading to increased tension and stress.

At Axia Litigation Lawyers, we recognise the delicate nature of neighbour disputes and the importance of handling them with tact and sensitivity. Our goal is to preserve relationships wherever possible, acknowledging that an amicable resolution is often in the best interests of all parties involved.

Our team of seasoned litigators brings a wealth of experience to the table, offering clear, pragmatic advice and robust representation. We understand the intricacies of Queensland’s Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 and other relevant legislation, allowing us to guide our clients through the process of resolving their disputes effectively and efficiently.

Contact us: Monday to Friday : 9 am – 5 pm

Every – Move – matters

Neighbour Disputes

Unfortunately, neighbour disputes are a common occurrence that can significantly disrupt the harmony of residential living. These conflicts often arise from issues such as boundary disagreements, noise complaints, disputes over trees and overhanging branches, and concerns about privacy or nuisance. The close proximity of neighbours means that these disputes can quickly escalate, leading to increased tension and stress.

At Axia Litigation Lawyers, we recognise the delicate nature of neighbour disputes and the importance of handling them with tact and sensitivity. Our goal is to preserve relationships wherever possible, acknowledging that an amicable resolution is often in the best interests of all parties involved.

Our team of seasoned litigators brings a wealth of experience to the table, offering clear, pragmatic advice and robust representation. We understand the intricacies of Queensland’s Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 and other relevant legislation, allowing us to guide our clients through the process of resolving their disputes effectively and efficiently.

Contact us: Monday to Friday : 9 am – 5 pm

Protecting Your Rights

Expert legal guidance in neighbour disputes.

Resolve Conflicts Peacefully

Achieve amicable solutions with professional support.

Swift Dispute Resolution

Efficiently navigate neighbour conflicts with us.

Comprehensive Legal Support

Full-service assistance from start to finish.

Every – Move – Matters

how Axia Can Help Resolve Your Neighbour Dispute

At Axia Litigation Lawyers, we understand that neighbour disputes can be complex and emotionally charged. We are committed to resolving these matters with professionalism, ensuring our clients’ interests are protected while striving for harmonious neighbourhood relations. Our tailored approach includes:

We meticulously assess the nuances of the neighbour dispute, considering all relevant evidence, and appraising the matter in light of Queensland laws, such as the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011.
Clients are furnished with precise legal advice on their rights and obligations, the strength of their legal position, and the potential ramifications of various dispute resolution avenues.
When facing a neighbour dispute, we often recommend and facilitate mediation or conciliation as a means to achieve an amicable resolution. This approach can be less confrontational and more cost-effective than court proceedings.
Our firm adeptly handles all necessary correspondence with the opposing party to clearly convey our client’s position and negotiate terms that aim to resolve the neighbour dispute in our client’s favour.
Should a settlement be reached, we ensure that all agreements are accurately documented, creating binding and enforceable legal agreements that prevent future disputes between neighbours.
If litigation is unavoidable, we are fully prepared to represent our clients in court. Our team will manage all procedural requirements, including the filing of claims and preparation of evidence, to advocate effectively for our client’s interests.
  • Case Evaluation

  • Legal Advice

  • Negotiation and Mediation

  • Drafting Agreements

  • Litigation

  • Court Representation

Our team is adept at handling these sensitive issues, combining legal expertise with effective communication to resolve conflicts in a manner that upholds our clients’ rights and fosters positive neighbourly relations.

We meticulously assess the nuances of the neighbour dispute, considering all relevant evidence, and appraising the matter in light of Queensland laws, such as the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011.
Clients are furnished with precise legal advice on their rights and obligations, the strength of their legal position, and the potential ramifications of various dispute resolution avenues.
When facing a neighbour dispute, we often recommend and facilitate mediation or conciliation as a means to achieve an amicable resolution. This approach can be less confrontational and more cost-effective than court proceedings.
Our firm adeptly handles all necessary correspondence with the opposing party to clearly convey our client's position and negotiate terms that aim to resolve the neighbour dispute in our client's favour.
Should a settlement be reached, we ensure that all agreements are accurately documented, creating binding and enforceable legal agreements that prevent future disputes between neighbours.
If litigation is unavoidable, we are fully prepared to represent our clients in court. Our team will manage all procedural requirements, including the filing of claims and preparation of evidence, to advocate effectively for our client's interests.

Over 75 Years of Combined Experience

Meet Our Expert Team

Axia Litigation Lawyers provide exceptional service and peace of mind for their clients. Based on the Sunshine Coast, Queensland, the Axia team services clients throughout Australia and abroad.

Adam Brown

Managing Director

Adam is the founder and Managing Director of Axia Litigation Lawyers. Having worked in Litigation and Dispute Resolution for over…..

Deneil Brown, Chief Operating Officer, Axia Litigation Lawyers
Deneil Brown

Chief Operating Officer

Deneil has been immersed in the legal industry for over 25 years and has vast experience across practice management, accounts and paralegal…

Nakita Brown, Senior Associate, Axia Litigation Lawyers
Nakita Brown

Senior Associate

Nakita is an experienced commercial litigation lawyer, bringing over ten years of legal knowledge to the table. She spent her early career…

Shane Ulyatt, Senior Associate, Axia Litigation Lawyers
Shane Ulyatt

Senior Associate

With a specialised focus on civil and commercial litigation and dispute resolution, Shane expertly handles a broad spectrum of legal matters…

Sam nelson

Lawyer

Sam’s expertise of commercial and civil litigation ranges from building and construction disputes, commercial and retail shop lease matters ….

Adam Brown
Adam Brown
Managing Director

Adam is the founder and Managing Director of Axia Litigation Lawyers. Having worked in Litigation…..

Deneil Brown
Deneil Brown
Chief Operating Officer

Deneil has been immersed in the legal industry for over 25 years and has vast experience across…

Nakita Brown
Nakita Brown
Senior Associate

Nakita is an experienced commercial litigation lawyer, bringing over ten years of legal knowledge…

Shane Ulyatt
Shane Ulyatt
Senior Associate

With a specialised focus on civil and commercial litigation and dispute resolution, Shane expertly…

Sam Nelson
Sam Nelson
Lawyer

Sam’s expertise of commercial and civil litigation ranges from building and construction disputes…

Every Move Matters

Laws & Acts Governing Neighbour Disputes

Neighbour disputes in Queensland are primarily governed by a combination of statutes, common law principles, and local council regulations. The specific laws that may apply to neighbour disputes include, but are not limited to, the following:

This Act provides the legal framework for resolving disputes relating to dividing fences and trees, including the responsibilities of neighbours for the costs and maintenance of fences and the management of trees that may cause damage or pose a risk.

This legislation addresses issues related to environmental harm, which can include noise, light, and pollution disputes between neighbours.

This Act is relevant for disputes within community titles schemes, including those between unit owners or between an owner and the body corporate.

The Queensland Civil and Administrative Tribunal (QCAT) can hear and make decisions on certain types of neighbourhood disputes, including those related to dividing fences, trees, and other minor civil disputes.

Local councils have the authority to create local laws that can address various neighbourhood issues, such as animal management, noise control, and property maintenance.

This Act provides the framework for land ownership and can come into play in boundary disputes.

Common law principles, such as the law of nuisance and the law of trespass, may also be applicable in resolving neighbour disputes. These principles have been developed through judicial decisions over time.

It is important to note that the specific laws applicable to a neighbour dispute will depend on the nature of the dispute itself. In some cases, a combination of these laws may be relevant. Additionally, alternative dispute resolution methods are often encouraged to resolve such matters amicably before resorting to legal proceedings.

Frequently Asked Questions About Neighbour Disputes

Under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld), you may have a right to request your neighbour to trim or remove parts of a tree that overhangs onto your property. If an agreement cannot be reached, you may apply to the Queensland Civil and Administrative Tribunal (QCAT) for an order.

The cost is typically shared between the adjoining property owners as outlined in the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld). If the parties cannot agree, either party can apply to QCAT for a determination.

You may only enter your neighbour’s land for the purpose of repairing a dividing fence if you have given the required notice under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld) and obtained consent from your neighbour or, if necessary, a QCAT order.

Excessive noise can be reported to your local council or the police. The Environmental Protection Act 1994 (Qld) regulates noise control and local councils may issue warnings or fines to violators.

Initially, you should attempt to resolve the matter through direct communication or mediation. If this is unsuccessful, legal action may be taken for trespass or to seek a court order for the removal of the encroachment.

The first step is to obtain a current survey by a registered surveyor to determine the correct boundary. If the dispute persists, mediation is recommended. As a last resort, an application to the court may be necessary to resolve the matter.

QCAT can hear and decide on a range of neighbourhood disputes, including those concerning dividing fences, trees, and other minor civil matters. QCAT aims to resolve disputes in a way that is just, quick, and cost-effective.

You should not cut down your neighbour’s tree without permission. If you believe the tree poses a risk, you can apply to QCAT for an order allowing you to carry out work on the tree or for the tree to be removed by the owner.

If negotiation and mediation fail to resolve the issue, you may need to seek legal advice. An application to QCAT or the courts might be necessary to obtain a resolution.

A lawyer can provide you with legal advice on your rights and obligations, assist in drafting necessary correspondence or applications, represent you in negotiations or mediations, and advocate on your behalf before QCAT or in court proceedings.

These FAQs are designed to provide a general understanding of neighbour disputes and are not a substitute for professional legal advice. For specific guidance on your situation, please contact our firm for a consultation.

Every – Move – Matters

latest news & insights

Discover the latest insights on commercial disputes, building and construction, insolvency, personal injury, and more. Explore all our articles for in-depth legal updates from Axia Litigation Lawyers.

Discover the latest insights on commercial disputes, building and construction, insolvency, personal injury, and more. Explore all our articles for in-depth legal updates from Axia Litigation Lawyers.

Go to Top