What are Neighbourhood Disputes in Queensland?

Are you involved in neighbourhood disputes in Queensland?

If so, this may be a real point of stress in your life that you wish to simply solve and forget.

It is important for both legal and personal reasons that you are knowledgeable of the laws and regulations surrounding neighbourhood disputes.

This article will outline the civil wrong and, in limited cases, a criminal offence that may be a neighbourhood dispute and how you can resolve and move on from the matter.

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What are Neighbourhood Disputes?

A neighbourhood dispute is generally a disagreement between neighbours that causes issues regarding their living situation.

There are several topics a disagreement may be about, and the severity varies from matter to matter.

There are also a variety of solutions for a dispute and the result and means used to reach an agreement will depend on both parties’ willingness to engage and the seriousness of the matter.

The Most Common Neighbour Dispute Topics

There are a few neighbour disputes that aside over and over again. These include:

Trees/fences
Animals
Noise
Trespass

We will explain these in more detail below.

Trees

A common topic of dispute amongst neighbours is a tree or other plant that is crossing from one property to the other.

So, what are the rules and regulations regarding this?

If a neighbour’s tree or other plant has crossed across a fence or other property divider and you wish it to be gone, you are within your rights to simply cut the plant at the point where it enters your property and tidily return it to your neighbour.

This right is outlined in the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011, which states:

This Act does not affect the common law right of abatement concerning a tree other than as provided under subsection (2).

A neighbour who exercises the common law right of abatement by removing a part of a tree (for example, an overhanging branch containing fruit) may, but is not required to, return the removed part to the tree-keeper.

This process must be done in a manner, however, that ensures the health and well-being of the plant is maintained to the standard it was prior to the pruning.

Animals

Another common topic of dispute is neighbourhood animals causing a variety of disturbances in the general area.

Depending on the animal involved in the matter, the rules regarding how you may respond to the disturbance will vary.

A common form of an animal causing an issue in the area is a dog barking. In order to be considered a disturbance, the barking must be considered by the laws of the area “excessive”.

A complaint may then be made to the council, which will take action as it sees fit.

If a dog in your neighbourhood is dangerous, menacing, or violent is considered a valid nuisance claim.

If the actions of the animal bother you, you should have a discussion with the owner before taking any action, so they have the opportunity to control their animal.

However, if a dog or any other pet causes physical harm to an individual or their property, they may take civil action against the owner to claim damages.

If a cat in your area is causing destruction or is menacing in any way, the cat’s actions should be discussed with the owner.

Noise

Noise complaints are another common topic of a neighbourhood dispute that may ignite conflict amongst neighbours or prevent an individual’s enjoyment of their private property.

Excessive noise will be considered a private nuisance by a government body. So, what can I do about a noisy neighbour?

Well, as with most dispute topics it is recommended that you engage in a conversation with your neighbour to request, they halt the disturbance.

If they do not, you should then take further action. Noise pollution can be considered by policing bodies harmful or an interference with someone’s rightful enjoyment of their property, so if this continues you should take action!

Trespass

Do you have a neighbour that has trespassed or continues to trespass on your property?

If so, there is an action you can take to ensure this does not occur again! Trespassing is classed as a civil offence and, depending on the form of the trespass and details of the matter, will sometimes be considered a criminal offence.

An individual currently occupying or one in ownership of a property can sue another party for the charge of trespassing on their personal property.

You are not required to provide proof of damage to the property, as unlawfully entering a property is a stand-alone crime unless you wish to claim damages.

Mediation of Neighbourhood Disputes

Mediation is the method you can use in order to resolve your neighbourhood dispute with civility and in a manner that will not cause further conflict.

Mediation is the process of seeking the assistance of a professional mediator to oversee a civil and level conversation about the topic of conflict.

The supervision of a mediator prevents the discussion from turning into an argument and allows all parties to speak about their opinion on the matter and what they wish to see happen from it.

The purpose of mediation is to minimise the tension among parties and identify clear solutions that suit all involved and do not result in further conflict in the future.

In mediation, all parties attend multiple sessions with a mediator who incites conversation by initiating topics and conversation starters while ensuring all parties remain civil and the communication is productive and begins change.

An agreement reached over the process of a mediation is not legally binding.

This means that any party involved may back out of their agreement at any time in the future.

This is, of course, not encouraged as it will likely bring up old arguments and deem the mediation and the efforts put in by all involved useless.

If all parties decide they wish the agreement to be legally binding, this can be arranged if it is agreed upon that it would be the best step moving forward. If this is the case and they wish it to be a legal matter, the documents to make this happen can be provided by a solicitor.

Neighbourhood Disputes – Key Takeaways

Neighbourhood disputes can be a challenge.

When living around people, especially for an extended period of time, tensions can arise and create issues.

For this reason, it is important that you stay informed about the rules and regulations that may be involved in a neighbourhood dispute.