Neighbour disputes

Common disputes between neighbours involve fences, trees and noise.

Often, open discussion and cooperation will lead to the resolution of these problems, however if attempts to resolve neighbour issues have been unsuccessful, a legal solution may be the answer. Court action should be considered as a last resort, as it is easier, cheaper and less stressful to resolve disputes through mediation and conciliation.

Monash-Oakleigh Legal Service (MOLS) can provide referrals to appropriate bodies for alternative dispute resolution.

If you are still unable to resolve the problem and it is necessary to commence legal action, or if legal proceedings have been brought against you, MOLS can help by providing advice regarding your rights and duties in regards to:

  • Overhanging trees
  • Tree roots causing damage to property
  • Repairing and replacing fences
  • Abusive or threatening behaviour between neighbours.

If you are planning to have a fence repaired or replaced and you are seeking a contribution to the cost of the fence from your neighbour, you may require a Notice to Fence.

You may also find some relevant materials on our Forms & Downloads and Useful Linkspages