Call our lawyers
now
or,
have our lawyers
call you
Neighbourhood Disputes (WA)
Updated on Nov 07, 2022 • 4 min read • 481 views • Copy Link
Neighbourhood Disputes (WA)
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 mutually acceptable solution. If a neighbourhood dispute cannot be resolved directly, you can make a complaint to your local council or to the police or take action in court. This page deals with neighbourhood disputes in Western Australia.
Neighbourhood disputes about fences
Residential neighbours generally split the costs of erecting or repairing a dividing fence. However, if one neighbour is responsible for damage to a fence or wants a more costly fence than the other neighbour requires, costs may be divided unequally.
When a person wants to construct or repair a dividing fence, they should first approach their neighbour and try to reach an agreement about the type of fencing work to be done and how the costs will be shared.
If an agreement cannot be reached, a written notice should be served on the neighbour setting out the proposed work and how costs are proposed to be divided.
If the parties do not agree about the fencing work, either party may apply to the Magistrates Court within 21 days of the Notice being received.
Fence disputes in WA are governed by the Dividing Fences Act 1961.
Neighbourhood disputes about trees
Neighbourhood disputes sometimes concern trees that are affecting a neighbour’s property with overhanging branches or protruding roots.
If you are being affected by a tree on your neighbour’s property, talk to them about the situation.
If your neighbour’s tree is overhanging your property, you may prune it back at your own expense without their permission but you may not go onto their property to do so without permission. If a tree is protected by a tree preservation order, you must not prune it.
If you cannot come to an agreement about the tree, you may want to seek the help of a mediation service.
Neighbourhood disputes about pets
Legislation such as the Dog Act 1976 sets out the responsibilities of people keeping domestic animals in WA. Local councils also have the power to make by-laws about the number of animals that may be kept and about their care and control. Criminal offences apply to failures to care and control animals properly.
Disputes may arise between neighbours about animals making noise, unhygienic animal enclosures, or animals damaging or trespassing on neighbouring properties. If a person is concerned about their neighbour’s animals, they should first talk to the neighbour directly about the situation. If the situation cannot be resolved privately, a complaint can be made to the local council, or to the local police if the matter is urgent.
Neighbourhood disputes about noise
Neighbourhood disputes may also arise because of excessive noise coming from a residential property. Noise in WA is regulated by the Environmental Protection (Noise) Regulations 1997.
Power tools and other noisy equipment are not to be used for more than two hours a day between the hours of 7 am and 7 pm Monday to Saturday, or between 8 am and 7 pm on Sunday. Building sites are, however, exempt from these restrictions.
Excessive noise may amount to a private nuisance. If the noise is so severe that it affects your quality of life, you can apply for a court order requiring your neighbour to stop making the noise and/or seek compensation.
Breaches of noise restrictions may also amount to a criminal offence. If you make a complaint about excessive noise to your local council, this will generally result in an environmental health officer attending to advise the neighbour of the complaint. If the situation does not resolve, a noise reading may be taken to assess whether noise restrictions are being breached.
If you are being affected by noise from a pub or club, you can make a complaint to the Department of Racing, Gaming and Liquor Licensing. Strict rules apply to these venues with respect to noise in residential areas.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
Related Content
Neighbourhood Disputes (WA)
Removing an Executor (WA)
Who Can Contest a Will? (WA)
Wills That Are Torn or Marked (WA)
Adult Guardianship (WA)
Legal Professional Negligence (WA)
Dividing Fence Disputes (WA)
Costs in Civil Matters (WA)
Resolving Civil Disputes Without a Trial (WA)
Terminating a Residential Lease (WA)
Enforcing a Monetary Judgment (WA)
Sexual Harassment (WA)
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
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
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
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
Can I Cut Down My Trees? (Qld)
A homeowner may want to remove a tree on their property for a variety of reasons. For instance, the tree may be in danger of falling on the house. Still, homeowners need to ensure that they follow the law when removing a tree. Violating this law can incur heavy penalties ....
Posted in:
Neighbourhood Disputes
Neighbourhood disputes commonly arise about issues such as fences, pets and excessive noise. These disputes can often can be resolved informally by talking to the neighbour and letting them know when their actions are affecting you. When this is not possible, the dispute may need to be taken to arbitration, ....
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
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 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
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
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
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 (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