Disputes between neighbours
Arguments between neighbours have become one of the most common forms of dispute.
The main types of neighbourhood disputes include disagreements about building or repairing fences, issues about overhanging or dangerous trees, and complaints about noise including animals, loud music, machinery and car alarms.
Although we generally can’t choose our neighbours it is in our best interests to try to get along, and when a problem arises, to do what we can to find a solution.
Fences
A dividing fence is a fence separating the land of adjoining owners whether or not it is on the common boundary. It can be a structure, ditch, embankment, or hedge or similar vegetative barrier. It does not include a wall that is part of a house, garage or other building and it only includes a retaining wall where the retaining wall is a foundation or support necessary to the support and maintenance of the fence.
Online books
The Find Legal Answers Tool Kit is a collection of plain English books about the law. You can read them online or at your local public library.
Use the Tool Kit online books below to find information about dividing fences, retaining walls and boundary disputes.
Neighbours and the law
An easy to understand guide to the different areas of law that are involved in neighbourhood issues and disputes.
The law handbook: your practical guide to the law in NSW
A practical guide to the law.
Guided pathway
The Legal Aid NSW guided pathways help you find the best way to deal with your legal problem.
Useful links
Legislation
In NSW, the Dividing Fences Act 1991 regulates neighbours’ responsibilities towards dividing fences.
The Act applies where a landowner wants an adjoining owner to contribute to the costs of constructing, replacing, repairing or maintaining a dividing fence. It covers issues such as cost-sharing, location and the standard of dividing fences and sets out procedures for carrying out the work and resolving disputes.
Trees
Trees and plants are a common cause of disputes between neighbours. In NSW legislation largely regulates the planting, pruning, destruction and removal of trees and plants and also deals with some of the disputes. The overall aim, wherever possible, is to conserve vegetation, especially in the urban environment. In rural areas, the threat of bushfires is also taken into account.
Online books
The Find Legal Answers Tool Kit is a collection of plain English books about the law. You can read them online or at your local public library.
Use the Tool Kit online books below to find information about legal issues relating to the planting, pruning, destruction and removal of trees and plants.
Neighbours and the law
An easy to understand guide to the different areas of law that are involved in neighbourhood issues and disputes.
The law handbook: your practical guide to the law in NSW
A practical guide to the law.
Useful links
Legislation
In NSW, the main legislation for resolving tree disputes is the Trees (Disputes Between Neighbours) Act 2006, also known as the "Trees Act".
The Trees Act deals with:
- damage to property and injury to people
- obstruction of sunlight or views by trees that form a hedge.
Noise
Noise can be offensive or a nuisance. Some noises are prohibited during certain hours of the day.
If you are experiencing a problem with your neighbour that concerns noise, often the simplest and best option is to first contact your neighbour and talk the matter over. Suitable arrangements are often easily reached between neighbours without the need for outside or legal intervention.
If you do not feel comfortable dealing directly with your neighbour, you can contact the Community Justice Centre for help to mediate with your neighbour to solve the problem.
Online books
The Find Legal Answers Tool Kit is a collection of plain English books about the law. You can read them online or at your local public library.
Use the Tool Kit online books below to find information about noise complaints.
Neighbours and the law
An easy to understand guide to the different areas of law that are involved in neighbourhood issues and disputes.
The law handbook: your practical guide to the law in NSW
A practical guide to the law.
Useful links
Legislation
There are several different laws dealing with noise from your neighbours.
The Protection of the Environment Operations Act 1997 defines offensive noise as:
- noise that is harmful or likely to be harmful, due to its level, nature, character, quality or time it is emitted, to a person outside the premises where it is being emitted, or
- noise that interferes unreasonably with the rest or comfort of a person outside those premises.
The Protection of the Environment Operations (Noise Control) Regulation 2017 restricts the level of noise from specific sources during certain hours. During these hours the noise must not be able to be heard within any room in any other residential premises (that is not a garage, storage area, bathroom, laundry, toilet or pantry) whether or not any door or window to that room is open.
Disputes
If you have a dispute with your neighbour, talking with them is often the best first step. If you have a dispute with your neighbour, you may be able to resolve the issue without having to go to court.
Online books
The Find Legal Answers Tool Kit is a collection of plain English books about the law. You can read them online or at your local public library.
Use the Tool Kit online books below to find information about resolving disputes.
Neighbours and the law
An easy to understand guide to the different areas of law that are involved in neighbourhood issues and disputes.
The law handbook: your practical guide to the law in NSW
A practical guide to the law.
Useful links
Getting help
Legal Aid NSW, community legal centres and other organisations may give free legal help to people with a legal problem in NSW.
Find more sources of help on the Getting help page.
Legal information at the State Library
The Library has a large collection of textbooks, legal commentaries, legal encyclopaedias, databases, journals, legislation and court reports - everything you need for advanced legal research.