Neighbourhood Disputes
A practical and comprehensive guide to the law applicable to neighbourhood disputes, including all commonly required forms and precedents.
The commentary covers disputes over companion animals, dividing fences and trees.
This easy to follow guide will allow lawyers to confidently advise and represent clients in these often complicated and highly contentious matters.
Recent updates to this publication can be viewed on Obiter - our blog.
MATTER PLAN
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“ Contents Overview3 ”
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“ Environment Protection Authority – Community guidance, Noise problems, Incident reporting South Australia Councils List ”
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“ Magistrates Court Civil (SA) Papers, Articles and Case Law ”
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“ Whilst many issues between neighbours are directly addressed by a law or regulation and may finally – perhaps after many months or years – be resolved by recourse to the courts, these types of dispute can potentially compete with family law conflicts when it comes to creating emotional pain and ... ”
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“ The essential difference between an agreement and a deed is that of consideration. An agreement must have consideration moving between the parties. It usually involves a promise made for a promise - for example, I will transfer ownership of this horse to you in return for payment of $1,000. ”
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“ In South Australia there is no obligation to fence however the Fences Act 1975 provides the procedure for resolving fencing disputes and obtaining contributions from neighbours who benefit from a fence. The purpose of Act is: ”
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“ A frequent source of angst between neighbours is an overhanging tree dropping fruit, leaves, or branches, and generally making a mess. In South Australia the law relating to neighbours' rights and responsibilities for trees, is covered by the common law of nuisance. So what can a neighbour do? ”
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“ The aim of the Dog and Cat Management Act 1995 is to encourage responsible ownership of cats and dogs, to promote effective management, which may include desexing, and to reduce public and environmental nuisance caused by cats and dogs. The Dog and Cat Management Act 1995 established the Dog and ... ”
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“ A private nuisance may occur where a person’s use and enjoyment of their land is ` with by dust, noise, vibration, tree roots, sewerage, odours and water run-off from a neighbouring property. However, claims relating to an interference with privacy or a view will probably not amount to a private ... ”
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“ With the commencement of the Local Nuisance and Litter Control Act 2016 there is now a statutory framework to assist in dealing with litter and certain other nuisances such as unsightly conditions, noise, odour, smoke, dust and animals. Litter elements have commenced, and local nuisance elements ... ”
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“ A detailed written record of each specific nuisance should be kept: Where did it happen and what took place? ”
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“ Nuisances not dealt with by the Local Nuisance and Litter Control Act 2016 – lights, surveillance cameras, illegal boarding houses and so on – are covered largely by the common law of nuisance. Those affected by a contravention can apply to the courts for a civil remedy. Proceedings may be ... ”
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