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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“ Dispute Settlement Centre of Victoria Victorian Civil and Administrative Tribunal ”
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“ Magistrates’ Court Civil (VIC) 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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“ The law on this subject is governed by the Fences Act 1968. ‘Dividing fence’ means a fence located on the common boundary of adjoining land, or if not located on the common boundary, that has the purpose of separating adjoining lands. ”
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“ A frequent source of angst is the next-door neighbour’s tree overhanging a property, dropping fruit, leaves, or branches, and generally making a mess. What can one do about it? Has your client spoken to the neighbour about the problem? Often the situation can easily be resolved. ”
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“ The title of the Domestic (Feral and Nuisance) Animals Act 1994 was changed to the Domestic Animals Act 1994 in 2007. If the owner of a cat or dog is under 17 years old then the parent or guardian of the person is deemed the owner of the animal. ”
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“ Tolerance is required. Try to get your client to sort it out themselves with minimum emotion. The law relating to neighbours' rights and responsibilities is covered largely by the common law of nuisance. ”
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