Neighbour and local disputes

What kind of solicitor can help me with a neighbour dispute?

A solicitor can represent you in mediations, and handle communications with the other party and negotiate on your behalf.

The type of dispute you have will influence which type of solicitor will be able to assist you. Generally speaking, solicitors experienced in civil litigation will be able to explain what your rights are in relation to your dispute and advise on the most appropriate next step. If the dispute involves your land, you may also consider a solicitor that specialises in property law.

Types of neighbour disputes

A dispute with your neighbour or local council can occur for a variety of reasons. Common causes can include:

• noise complaints
• pets
• parking 
• trees and gardens
• building works and fencing are common causes of a dispute.

Resolving a dispute with your neighbour

Disputes with neighbours can make life uncomfortable and are best sorted quickly before they escalate. So, what are your options?

Talk to them

Talking to your neighbour about the issue face-to-face is often the best way to resolve an issue effectively. Some tips to help you reach an agreement that works for both parties include:

1. Schedule a convenient time to discuss the issue. No one is at their best when they are in a rush to get somewhere! Arranging a convenient time to discuss the concern means that both you and your neighbour will be better able to focus on solving the problem. 
2. Explain the issue from your perspective ie: how it affects you but be mindful that your neighbour will not always be aware of the problem until this discussion. Try to avoid putting the “blame” on them at this early stage. 
3. Listen. Let your neighbour tell you their side of the story. You are much more likely to be able to find a solution that works for both of you if there is some understanding of each other’s position.  

Involve your local council

Depending on the type of issue you have, you may be able to lodge a complaint with your local council. Local councils have regulations that cover a number of “environmental nuisance” issues which includes complaints about things like noise pollution (caused by pet  or building), illegal dumping, or overgrown properties.

Visit your local council’s website to find out which issues they can assist you with.

You can also search for local council resources for dealing with your neighbourhood issue on the Queensland Government’s “How to resolve neighbourhood disputes” page.  

Mediation

If you and your neighbour have been unable to resolve the issue or the situation is deteriorating, then you could consider mediation. Mediation is a type of alternative dispute resolution (ADR) and is one way of resolving a legal issue without having to go to court.

In a mediation, both you and your neighbour meet with an independent third party (the mediator) who endeavours to facilitate an agreement between yourselves.

Some important things to know about mediation:

• Mediation is voluntary which means you and your neighbour both need to agree to attend the mediation.
• The mediator won’t make a decision for you, but they can write up a decision that you and your neighbour have agreed on.
• The agreement isn’t legally binding unless both of you sign a statement agreeing to make it legally binding.
• It is recommended that you use a mediator that is accredited with the National Mediator Accreditation System (NMAS).

You can access free mediation services at a Dispute Resolution Centre, or you can find solicitors who are also accredited mediators. 

Tribunals and courts 

Going to court

Going to court is usually a last resort for neighbour disputes, due to the costs and time involved. 

However, if the issue is particularly complex or is valued over $25,000 then going to court may be your only option. This is also the next step if you have appealed a QCAT decision and been unsuccessful.

All disputes are heard initially in the Magistrates Court. 

If your dispute has reached this point, it is strongly recommended that you speak to a civil litigation solicitor, as not only will they be able to provide you with advice on your case they can also represent you in court.

QCAT

For disputes up to $25,000 in value, you can have your dispute heard by the Queensland Civil and Administrative Tribunal (QCAT). QCAT hears a wide range of disputes, including some common neighbour issues such as:

• dividing fence disputes
• tree disputes
• overhanging branches
• building and construction.

Some important things to know about QCAT:

• All parties are expected to represent themselves – if you want a solicitor to represent you, you may need to seek permission.
• QCAT will announce its decision either at the final hearing or at a later date if it needs more time to consider a case after the hearing has finished.
• If your neighbour is ordered to do or stop doing something and they don’t comply with it, you can enforce the order.

More information about QCAT decisions, including appealing a decision, is available on the QCAT website.