Property Disputes

Given our experience in dealing with a wide range of property disputes, our Property Lawyers can provide you with the guidance and support necessary to successfully resolve your dispute in an efficient and smooth manner.

  • Fencing and boundary disputes: Resolve issues related to property boundaries and fencing conflicts with expert legal assistance.
  • Tree disputes: Get guidance on conflicts arising from overhanging branches, root damage, or tree maintenance responsibilities.
  • Nuisance: Address disruptions or annoyances caused by neighbouring properties with professional legal advice.
  • Encroachment: Seek support for situations where a neighbor unlawfully extends structures or uses your land.
  • Adverse possession: Understand and navigate the complex legal process of claiming ownership of property through continuous and unauthorised use.
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Fencing and Boundary Disputes

Do you need legal assistance to resolve a boundary dispute?

Neighbours discussing a property dispute over their boundary fence and agreeing on a solution.
  • Fence Construction Agreements: Facilitating agreements for the construction or repair of boundary fences.
  • Boundary Determination: Resolving disputes regarding property boundaries.
  • Cost Sharing: Assisting with cost-sharing arrangements for fence construction or repairs.
  • Legal Representation: Representing clients in court or mediation for fencing and boundary disputes.
  • Surveyor Coordination: Coordinating with surveyors to establish accurate property boundaries.
  • Advisory Services: Providing advice on fencing laws and regulations in NSW.

One of the most common disputes between neighbours is the decision to replace a boundary fence.

Resolving Property Disputes with Your Neighbours

Neighbours often disagree on a range of topics when it comes to replacing a boundary fence, such as:

  • The suitability of the existing fence;
  • The type of replacement or new fence being proposed including the materials to be used, colour, and height of the fence;
  • The positioning of the fence;
  • When, how, and by whom the works will be carried out; and
  • The cost of the fence.

You should first make reasonable attempts to reach an agreement to resolve the matter with the other party. We encourage the parties to engage in mediation using the Community Justice Centre to resolve their differences which is a free service.

If an agreement cannot be reached, then one party may serve the other with a Fencing Notice in accordance with the Dividing Fences Act 1991 (NSW). This initiates a formal process where the parties set out the outcome they want and the reasons. This can be a complex and strict process and we can assist to ensure your notices comply with the legislative requirements.

Sometimes the issues cannot be resolved. Our experienced lawyers can assist in attempting to resolve the matter directly with your neighbour or by representing you in court proceedings seeking an order of the Court.

What are the common causes of fencing and boundary disputes?

Answer

Common causes include unclear property boundaries, encroachments, and disagreements over fence placement.

How can I determine the exact boundary of my property?

Answer

Hire a registered surveyor to define the boundary line; costs are usually shared.

What steps should I take if my neighbour builds a fence on my property?

Answer

Discuss with your neighbour, then serve a Fencing Notice. If unresolved, apply to NCAT or the Local Court.

Can I apply to the Land and Environment Court for a boundary determination?

Answer

Yes, if there’s no agreement on the boundary line.

What orders can the Court make in boundary disputes?

Answer

Determine boundary line, remove/relocate fence, award costs, and order mediation.

Tree Disputes

Are you in a dispute over trees on a neighbour's or your property?

Broken tree branch hanging over neighbour's brick wall fence.
  • Tree Removal Applications: Assisting with applications to remove trees causing damage or risk.
  • Damage Compensation Claims: Pursuing compensation for property damage caused by trees.
  • Injury Prevention Orders: Securing orders to prevent injury from hazardous trees.
  • Root Invasion Solutions: Implementing measures to manage and prevent root damage.
  • Mediation Services: Facilitating mediation between neighbors to resolve tree disputes amicably.

Tree disputes between neighbours commonly involve overhanging branches or roots that are impacting or posing a risk to a neighbouring property.

Resolving Property Disputes About Trees

Our experienced property lawyers can assist you if you wish to have a tree or hedge on the neighbour’s land pruned or removed, or you are seeking compensation for damage to your property caused by a tree on a neighbour’s land. This includes action against Council and other authorities.

You must first make reasonable attempts to reach an agreement to resolve the matter. We encourage the parties to engage in mediation using the Community Justice Centre to resolve their differences.

If you still cannot resolve the dispute with your neighbour, then we can assist by making an application for orders in the Land and Environment Court. Some examples are for orders to:-

  • remove a tree, grind or poison its stump, remove offending roots or prune overhanging tree limbs;
  • pay for roofing work and replacement of tiles damaged by fallen tree limbs;
  • pay for repair/replacement costs for sewer pipes, cracked walls or paths badly damaged by tree roots;
  • pay for installation of a root control barrier;
  • prune the trees and maintaining them at a certain height, width or shape;
  • remove the trees and replace them with trees of a different species;
  • authorise entry onto the land to carry out the orders; and
  • pay for the costs of the work.

Generally, orders for the recovery of legal costs are not granted however under some circumstances, an application for costs may be made separately to the Court. Non-legal costs of preparing the application and other costs such as expert fees are generally borne by the parties.

We can also assist you in responding to complaints or action by a neighbour relating to trees on your property.

What is the process for resolving tree disputes between neighbours in NSW?

Answer

The process involves applying to the Land and Environment Court under the Trees (Disputes Between Neighbours) Act 2006.

Can I apply to the Land and Environment Court for orders related to tree disputes?

Answer

Yes, you can apply to the Court for orders to remedy, restrain, or prevent damage or injury caused by a tree.

What types of orders can the Land and Environment Court make in tree disputes?

Answer

The Court can make orders to remove trees, prune branches, prevent injury, and compensate for damage.

Do I need a lawyer to handle a tree dispute, or can I represent myself?

Answer

While you can represent yourself, it’s common to engage a lawyer for advice and representation.

What preliminary steps should I take before applying to the Court for a tree dispute?

Answer

You should conduct a title search and determine the title particulars of the adjoining property.

Nuisance

What can be done if your neighbour is being a nuisance?

Garage with loud noisy car, drum kit, guitar, and loud amplifier.
  • Noise Abatement Applications: Applying for noise abatement orders for persistent disturbances.
  • Animal Nuisance Orders: Addressing issues related to troublesome animals.
  • Property Damage Claims: Legal action for damage caused by nuisances.
  • Negotiation and Settlement: Assisting in negotiation and settlement of nuisance disputes.

If a person substantially and unreasonably interferes with the private use and enjoyment of your land, you may be entitled to a remedy.

Dealing With Nuisance Neighbours

Private nuisance can occur in two ways:

  1. Material physical damage to land or property; or
  2. Interference or disturbance with the use or enjoyment of land.

Examples of nuisance include, but are not limited to:

  • Encroachment;
  • Water run-off and drainage issues;
  • Noise including animals and air conditioning units; and
  • Environmental concerns such as smoke, dust, sewerage, odours, vermin and waste.

You should first make reasonable attempts to reach an agreement to resolve the matter with the other party. We encourage the parties to engage in mediation using the Community Justice Centre to resolve their differences which is a free service.

Our experienced property lawyers can assist you in attempting to resolve the matter with the person causing the nuisance. If a resolution cannot be reached, we can provide you with advice and representation to stop the nuisance and recover damages (if any) by an order of the Court.

What constitutes a private nuisance in NSW?

Answer

Private nuisance occurs when someone interferes with another person’s use of their land in a substantial and unreasonable way.

How can I prove that an interference is a nuisance?

Answer

You need to demonstrate that the interference is unreasonable and substantial.

What factors does the court consider when determining if an interference is unreasonable and substantial?

Answer

The court considers factors like frequency, degree, type of interference, duration, and time of occurrence.

Can I bring a nuisance claim if the interference is caused by an ordinary use of the land?

Answer

No, if the interference is caused by an ordinary use of the land, it is less likely to be considered a nuisance.

What remedies are available if a nuisance is established?

Answer

Remedies include damages, injunctions, and abatement of the nuisance.

Encroachment

Is your neighbour's construction encroaching on your property?

Large two-storey house with tall wall encroaching on neighbour's property.
  • Boundary Dispute Resolution: Legal assistance to resolve property boundary disputes.
  • Removal of Encroachments: Applying for orders to remove structures encroaching on property.
  • Compensation for Encroachment: Seeking compensation for land affected by encroachments.
  • Legal Documentation: Preparing and reviewing legal documents related to encroachments.

An encroachment relates to a building or structure that intrudes on, or crosses over, another person’s property.

Resolving Property Disputes About Encroachment

This includes, but is not limited to walls, overhangs and part of a building/structure that is above or below the ground. An example of an encroachment is when an individual decides to build a garage and its roof ends up overhanging across the neighbour’s property.

Relief of an encroachment may include the following:

  • Compensation to the owner of the property affected by the encroachment;
  • Transfer or lease of the subject land to the encroaching owner whereby they pay consideration; or
  • The removal of the encroachment.

You should first make reasonable attempts to reach an agreement to resolve the matter with the other party. We encourage the parties to engage in mediation using the Community Justice Centre to resolve their differences which is a free service.

We can assist you in resolving the matter by engaging suitable experts to prepare the plans required to show the encroachment and drafting and registering the required dealings.

If a resolution cannot be reached, we can provide you with advice and representation to resolve the encroachment by an order of the Court.

What is considered an encroachment under NSW law?

Answer

An encroachment is when a building or structure intrudes onto another person’s land.

How can I find out if there is an encroachment on my property?

Answer

Arrange for a property survey by a registered surveyor.

What steps should I take if I discover an encroachment?

Answer

Contact the encroaching owner and seek a resolution; if unresolved, consider legal action.

Can I apply to the Land and Environment Court for relief from an encroachment?

Answer

Yes, either the adjacent owner or the encroaching owner can apply to the Court for relief.

What orders can the Court make in cases of encroachment?

Answer

The Court can order compensation, transfer of land, or removal of the encroachment.

Adverse Possession

PDC Law can assist with adverse possession claims and court representation

Row of two-storey houses and apartments.
  • Claim Assistance: Helping clients claim ownership of land through adverse possession.
  • Court Representation: Representing clients in court for adverse possession cases.
  • Evidence Preparation: Gathering and preparing evidence to support adverse possession claims.
  • Settlement Negotiation: Negotiating settlements to resolve adverse possession disputes.

Adverse possession means someone has legal title over property because they’ve been in possession of it for a long time.

Resolving Property Disputes About Adverse Possession

This can occur even if someone else believes they have title to the land.

Adverse possession commonly occurs when a fence or building has extended past its boundary. In this situation, the neighbour may have adverse possession over the land. This may sometimes only be the matter of a few centimetres, but when it comes to valuable property that can be a significant amount of money.

Adverse possession can also occur where part, or all, of the land has been abandoned and you can demonstrate that you have had the use and enjoyment of the land and have maintained the land for a prescribed period of time.

Our lawyers have experience in helping clients work through adverse possession claims and defending property rights and values.

What is adverse possession in NSW?

Answer

Adverse possession is when someone occupies land without permission and claims legal ownership after a certain period.

How long must someone occupy land to claim adverse possession?

Answer

Generally, 12 years of continuous occupation is required.

What conditions must be met for a successful adverse possession claim?

Answer

The occupation must be open, notorious, exclusive, adverse, and continuous.

Can adverse possession claims be made against government land?

Answer

No, adverse possession claims cannot be made against government land.

What is the process for making an adverse possession claim?

Answer

The process involves applying to the Land and Environment Court and proving the necessary conditions.

Legal Expertise

Proceed with confidence.

PDC Law is a specialist commercial, property and dispute resolution law firm. Our lawyers have a combined experience of over 40 years.

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