Neighbour disputes are unfortunately common, whether it’s over fences, noise, trees, or boundaries. While they may seem minor at first, these conflicts can escalate quickly and become emotionally and financially draining. If you find yourself in a legal dispute with a neighbour, avoiding key mistakes can make all the difference.

At New South Lawyers, we specialise in Litigation and Dispute Resolution, helping clients resolve neighbourhood conflicts without unnecessary stress or expense. Here's a breakdown of the most common missteps people make—and how to avoid them.

Ignoring the Issue

One of the biggest mistakes is simply hoping the issue will go away on its own. Whether it’s a barking dog, overhanging branches, or a shared driveway, letting a dispute fester can lead to deeper resentment and more complex legal problems.

TIP: Address the matter early through respectful conversation. If that fails, consider mediation before things escalate.

Reacting Emotionally or Aggressively

In the heat of the moment, it's easy to let frustration take over. However, angry confrontations or threats can worsen the situation—and might even backfire legally.

TIP: Keep all communication civil and professional. If needed, document your interactions and stick to facts rather than feelings.

Not Understanding Your Legal Rights

Many people enter into disputes without knowing what the law actually says about fences, trees, or noise. This can lead to poor decisions or making demands you aren’t legally entitled to.

TIP: Educate yourself using resources like LawAccess NSW or consult a lawyer who specialises in Litigation and Dispute Resolution.

Failing to Use Mediation Services

Going straight to court without trying mediation can cost you time and money—and judges often expect parties to try alternative dispute resolution (ADR) first.

TIP: Use services like NSW Community Justice Centres, which offer free mediation for neighbour disputes. Mediation is confidential, less formal, and often resolves matters quickly.

Breaching Council Regulations or Local Laws

Trimming a neighbour’s tree without permission or building on a shared boundary without approval may violate local council rules and expose you to liability.

TIP: Check your local council regulations before taking any action. Councils often provide guidance on noise, fencing, and tree issues.

Making Assumptions About Boundaries

Many disputes arise from unclear property lines, especially when fences or driveways have existed for years without formal agreements.

TIP: Don’t assume. Get a property survey done or check land titles through Land Registry Services before accusing your neighbour of encroachment.

Taking Matters Into Your Own Hands (Literally)

Cutting down a tree, blocking access, or dismantling a fence can be seen as unlawful self-help and could result in legal action against you.

TIP: Always seek legal advice before taking physical action. The law provides procedures to resolve these issues properly—use them.

How to Resolve Neighbour Disputes the Right Way

Step 1: Communicate First Try to resolve the issue informally through respectful conversation. Many problems are caused by misunderstandings.

Step 2: Use Mediation or a Neutral Third Party If talking doesn’t work, seek mediation through organisations like the Australian Disputes Centre or your local community justice centre.

Step 3: Seek Legal Advice If informal methods fail, consult a lawyer. At New South Lawyers, our experienced team will guide you through your rights, draft correspondence, and help you pursue formal legal channels if needed.

Step 4: Engage in Legal Action Only When Necessary Sometimes, legal proceedings are unavoidable—especially in long-running or serious disputes. But court should be the last resort, not the first.

Common Types of Neighbour Disputes in Australia

Fencing disputes - governed by local legislation (e.g. Dividing Fences Act 1991 NSW)
Noise complaints - excessive noise from parties, pets, or machinery
Overhanging trees or branches - tree disputes can raise complex liability issues
Encroachment - structures built over property lines or easements
Drainage and runoff - water from one property affecting another

Neighbourhood disputes are emotionally charged, but the right legal advice can help you de-escalate conflict and protect your property interests. Whether you need help drafting a notice, negotiating a solution, or preparing for court, our Litigation and Dispute Resolution team is here to help.

Facing a legal dispute with a neighbour? Don’t risk costly mistakes.Let New South Lawyers help you find a clear, calm and effective path forward. Our Litigation and Dispute Resolution experts are ready to support you with smart strategies tailored to your situation.

Contact New South Lawyers today for a confidential consultation.

New South Lawyers

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Neighbour Disputes: Mistakes to Avoid and How to Resolve Them

At New South Lawyers, we specialise in Litigation and Dispute Resolution, helping clients resolve neighbourhood conflicts without unnecessary stress or expense. Here's a breakdown of the most common missteps people make—and how to avoid them.

Ignoring the Issue

One of the biggest mistakes is simply hoping the issue will go away on its own. Whether it’s a barking dog, overhanging branches, or a shared driveway, letting a dispute fester can lead to deeper resentment and more complex legal problems.

TIP: Address the matter early through respectful conversation. If that fails, consider mediation before things escalate.

Reacting Emotionally or Aggressively

In the heat of the moment, it's easy to let frustration take over. However, angry confrontations or threats can worsen the situation—and might even backfire legally.

TIP: Keep all communication civil and professional. If needed, document your interactions and stick to facts rather than feelings.

Not Understanding Your Legal Rights

Many people enter into disputes without knowing what the law actually says about fences, trees, or noise. This can lead to poor decisions or making demands you aren’t legally entitled to.

TIP: Educate yourself using resources like LawAccess NSW or consult a lawyer who specialises in Litigation and Dispute Resolution.

Failing to Use Mediation Services

Going straight to court without trying mediation can cost you time and money—and judges often expect parties to try alternative dispute resolution (ADR) first.

TIP: Use services like NSW Community Justice Centres, which offer free mediation for neighbour disputes. Mediation is confidential, less formal, and often resolves matters quickly.

Breaching Council Regulations or Local Laws

Trimming a neighbour’s tree without permission or building on a shared boundary without approval may violate local council rules and expose you to liability.

TIP: Check your local council regulations before taking any action. Councils often provide guidance on noise, fencing, and tree issues.

Making Assumptions About Boundaries

Many disputes arise from unclear property lines, especially when fences or driveways have existed for years without formal agreements.

TIP: Don’t assume. Get a property survey done or check land titles through Land Registry Services before accusing your neighbour of encroachment.

Taking Matters Into Your Own Hands (Literally)

Cutting down a tree, blocking access, or dismantling a fence can be seen as unlawful self-help and could result in legal action against you.

TIP: Always seek legal advice before taking physical action. The law provides procedures to resolve these issues properly—use them.

How to Resolve Neighbour Disputes the Right Way

Step 1: Communicate First Try to resolve the issue informally through respectful conversation. Many problems are caused by misunderstandings.

Step 2: Use Mediation or a Neutral Third Party If talking doesn’t work, seek mediation through organisations like the Australian Disputes Centre or your local community justice centre.

Step 3: Seek Legal Advice If informal methods fail, consult a lawyer. At New South Lawyers, our experienced team will guide you through your rights, draft correspondence, and help you pursue formal legal channels if needed.

Step 4: Engage in Legal Action Only When Necessary Sometimes, legal proceedings are unavoidable—especially in long-running or serious disputes. But court should be the last resort, not the first.

Common Types of Neighbour Disputes in Australia

Neighbourhood disputes are emotionally charged, but the right legal advice can help you de-escalate conflict and protect your property interests. Whether you need help drafting a notice, negotiating a solution, or preparing for court, our Litigation and Dispute Resolution team is here to help.

Facing a legal dispute with a neighbour? Don’t risk costly mistakes.Let New South Lawyers help you find a clear, calm and effective path forward. Our Litigation and Dispute Resolution experts are ready to support you with smart strategies tailored to your situation.

Contact New South Lawyers today for a confidential consultation.

New South Lawyers