Rights Between Neighbours

Rights Between Neighbours

Of course, we would all like to have good relations with our neighbours but what happens in certain situations when an issue arises and you just want to know what your rights are. Here are some typical situations:
(a) The Dividing Fences Act regulates the rights and obligations between the owners of adjoining land concerning a dividing fence and whether a new one should be erected or the existing one  repaired;
(b) If a neighbour has built something that encroaches onto your property or vice versa then the Encroachment of Buildings Act will allow the Land and Environment Court to make orders for compensation, removal of part of a building or other matters;
(c) Under the Access to Neighbouring Land Act an owner ooccupier of land can apply to the Local Court for an order permitting them to to enter a neighbour’s land  to complete work on their own land;
(d) If animals are causing excessive noise on a neighbour’s property, the local Council can issue orders under the Companion Animals Act and the Local Government Act to reduce their numbers or to remove them; and
(e) Under the Trees (Disputes Between Neighbours) Act a person can apply to the Land and Environment Court for orders in relation to a neighbour’s tree causing problems such as overhanging branches, invasive tree roots or a fallen tree.

January 2019