Call our lawyers
now
or,
have our lawyers
call you
Neighbourhood Disputes (Vic)
Updated on Nov 07, 2022 • 4 min read • 378 views • Copy Link
Neighbourhood Disputes (Vic)
Neighbourhood disputes often arise in Victoria over issues such as fences and boundary lines, noise, trees and pets. When a dispute arises between neighbours, they should always try to resolve the situation directly with the other party. If an agreement cannot be reached, a party can complain to the local council or to the police or take legal action. This page outlines the legal implications of neighbourhood disputes in Victoria.
Neighbourhood disputes about pets
Neighbourhood disputes about pets usually arise when an animal is causing a nuisance either through excessive barking, damaging surrounding property or trespassing on neighbouring properties.
Under section 42 of the Domestic Animals Act 1994, local councils have the power to make by-laws specifying how many animals residents are permitted to keep and how they must be controlled and cared for. The Domestic Animals Act 1994 also contains laws governing the registration and control of animals.
If an animal is causing problems, a person should talk to their neighbour and try to resolve the situation before taking any other action. If the issue cannot be resolved privately, the person can contact their local council for assistance.
Fences
Residential neighbours are responsible for constructing and repairing adequate fences on their dividing boundaries. Each neighbour generally pays half the cost of building or repairing a fence. However, if one neighbour is responsible for damage to a fence or if one neighbour wants a higher level of fencing that the other requires, costs may be divided unequally.
Ideally, when a person wishes to construct, replace or repair a fence, they should draw up a formal agreement with their neighbour as to the type of fence to be building, who will build it and how the costs will be divided. If an agreement cannot be reached, the neighbour proposing the fencing work should give their neighbour a Fencing Notice setting out the details of the proposed work and the proposed division of costs. The neighbour then has 30 days to respond to the Notice. If they do not respond to the Notice, the work can be carried out without their agreement and an application can be made to the Magistrates Court to recover costs form them.
Noise
A lot of neighbourhood disputes are caused by excessive noise. Excessive noise at certain hours may be illegal depending on zoning. For example, electric power tools must not be used between 8 pm and 7 am on weekdays or between 8 pm and 9 am on weekends.
In commercial areas, noise from equipment and machinery is inevitable. In residential areas, a person must not interfere with the neighbours’ quiet enjoyment of their property by making unreasonable noise. A complaint about excessive noise can be made to the local council. A person can also contact the police is the situation is urgent.
Neighbourhood disputes in Victoria about trees
Neighbourhood disputes may arise about trees that are affecting neighbouring properties with overhanging branches or encroaching roots. Trees can cause damage to property and injury to people.
A person is allowed to trim back leaves and branches that enter their property at their own cost. This is called the right of abatement. However, if any damage is caused to the tree in the process of trimming it, the person will be liable for this.
If a person wants their neighbour to pay for tree maintenance, they must show that the tree is causing a private nuisance. This means that it is interfering with the use and enjoyment of their land. Private nuisance matters are decided by the Magistrates Court.
Nuisance
There are various forms of nuisance that may form the basis of a neighbourhood dispute. A public nuisance is an action that is offensive or dangerous to public health or that seriously disrupts the public’s comfort. Private nuisance occurs when a situation affects an individual directly. Types of private nuisance include bad smells, unhygienic animal enclosures and excessive noise or smoke. A person can complain to the local council about a nuisance or take action in court. Some types of public nuisance may also amount to criminal offences.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
Related Content
Sub-letting a Residential Property (Vic)
Neighbourhood Disputes (Vic)
Domestic Violence and Residential Tenancies (Vic)
Neighbourhood Disputes (Vic)
Updating a Will (Vic)
Probate Registry (Vic)
Wills That Are Torn or Marked (Vic)
Removal of Executor (Vic)
What Happens If I Don’t Trust The Executor? (Vic)
Gift Overs (Vic)
Unfair Wills
How to Obtain a Copy of a Will (Vic)
Fernanda Dahlstrom
Content Editor
Fernanda Dahlstrom has a Bachelor of Laws from Latrobe University, a Graduate Diploma in Legal Practice from the College of Law, a Bachelor of Arts from the University of Melbourne and a Master of Arts (Writing and Literature) from Deakin University. Fernanda practised law for eight years, working in criminal defence, child protection and domestic violence law in the Northern Territory. She also practised in family law after moving to Brisbane in 2016.
Affordable Lawyers
Our Go To Court Lawyers will assist you in all areas of law. We specialise in providing legal advice urgently – at the time when you need it most. If you need a lawyer right now, today, we can help you – no matter where you are in Australia.How It Works
1. You speak directly to a lawyer
When you call the Go To Court Legal Hotline, you will be connected directly to a lawyer, every time.
2. Get your legal situation assessed
We determine the best way forward in your legal matter, free of charge. If you want to go ahead and book a face-to-face appointment, we will connect you with a specialist in your local area.
3. We arrange everything as needed
If you want to go ahead and book a fact-to-face appointment, we will connect you with a specialist in your local area no matter where you are and even at very short notice.
Related Law Topics
Fence disputes often occur between neighbours. They can relate to an existing fence, to the boundary lines of properties, or to retaining walls. Different legislation is applicable to different types of fence disputes. Fence disputes regarding fences which divide two neighbouring properties are governed by the Dividing Fences Act 1991. ....
Posted in:
Neighbourhood Disputes
Neighbourhood Disputes (Qld) When you are living in an urban area, you are likely to have neighbours in close proximity to you and you may be affected by their actions or inactions. Neighbourhood disputes commonly arise in relation to trees, shared fences or animals. While disputes about trees and fences ....
Posted in:
Neighbourhood Disputes
How to Deal With a Neighbourhood Dispute (SA)
How to Deal With a Neighbourhood Dispute (SA) Disputes can occur between neighbours for a range of reasons such as shared fences, trees noise and animals. When a neighbourhood dispute arises it is always best to try to resolve it directly with the neighbour. If this is not possible, it ....
Posted in:
Neighbourhood Disputes
Neighbourhood disputes can arise in relation to a range of everyday matters. One common problem is excessive noise caused by or coming from the property of a neighbour. If your neighbour is making excessive noise and you cannot resolve the problem by talking to them, there are a number of ....
Posted in:
Neighbourhood Disputes
Cats And Dogs And The Law (Qld)
In Queensland, the keeping of domestic animals is regulated by the Animal Management (Cats and Dogs) Act 2008 as well as by various by-laws. This legislation sets out the responsibilities of owners and keepers of cats and dogs, the procedures to be followed in investigating non-compliance with the laws and ....
Posted in:
Neighbourhood Disputes
It is common for disputes to arise between neighbours in urban and suburban areas. These may concern noisy dogs, loud parties, overhanging trees or a fence that needs to be repaired. The majority of neighbourhood disputes can be resolved by talking to the other party directly and arriving at a ....
Posted in:
Neighbourhood Disputes
Tree disputes generally occur between neighbours. In some instances, the tree may be obstructing a neighbour’s view. In most instances, proceedings are commenced because the tree or trees in question are causing damage to a neighbouring property. The legislation which governs tree disputes is the Trees (Disputes Between Neighbours) Act ....
Posted in:
Disputes
Neighbourhood Disputes
We all hope to enjoy friendly relationships with our neighbours. All too often, however, disagreements over noise, pets, boundaries, and encroachment ruin these relationships. It is particularly common for a neighbour dispute to arise over trees overhanging property lines or obstructing a neighbour’s view. While other states have introduced statutory ....
Posted in:
Neighbourhood Disputes
Neighbourhood Disputes (SA) Disagreements that arise between neighbours can often be resolved informally, by talking to your neighbour and letting them know how their actions are affecting you. When it is not possible to resolve a neighbourhood dispute face to face, there are various procedures that can be followed to ....
Posted in:
Neighbourhood Disputes
Neighbourhood disputes sometimes arise about the dividing fence between two properties. Disputes about fences in Queensland are governed by the Neighbourhood Disputes (Fences and Trees) Act 2011. While most fencing disputes can be resolved directly between the parties concerned, it is sometimes necessary to resort to making an application to ....
Posted in:
Neighbourhood Disputes
Neighbourhood disputes can arise over many everyday matters, such as pets, trees, dividing fences or noise. In many cases, neighbourhood disputes can be resolved informally, by talking about the situation and listening to each other’s point of view. Where this does not solve the problem, mediation can be used to ....
Posted in:
Neighbourhood Disputes
Neighbourhood disputes sometimes arise about one or more trees on adjoining properties. These disputes are regulated by the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011. If a tree dispute cannot be resolved directly between the parties, it may be necessary to make an application to QCAT to determine how ....
Posted in:
Neighbourhood Disputes