The Law Handbook 2024

575 NOTE The law in this chapter is current as at 1 September 2023. Resolving problems Living in close quarters with our neighbours is not always easy. Over time, there is likely to be at least one issue about which you and your neighbours have a dispute (it may be about trees, dogs, noise, parking or fences). In most cases, the best outcome is to resolve those issues and still be able to live alongside your neighbour. Involving the law and lawyers should always be your last resort. Legal disputes between neighbours are likely to be expensive, time consuming and detrimental to the relationship between the parties. Even if your legal action is successful, neighbours can still make living in your home unpleasant. Clear and open communication between neighbours, with the aim of working out a dispute in a cooperative and friendly way, is more likely to bring about a long-term outcome that all parties can live with. However, if you cannot avoid a dispute with your neighbour, it is important to understand your legal position as a home owner or tenant, and to be aware of the available dispute resolution options. NOTE: DISPUTE RESOLUTION SERVICES The Dispute Settlement Centre of Victoria ( DSCV ) is part of the Victorian Government Department of Justice and Community Safety. The DSCV provides Victorians with a range of free and confidential dispute resolution services. Using DSCV services to resolve a dispute is often a cheaper, fairer and simpler alternative to taking disputes through the courts. Before initiating any action, visit the DSCV website (at www.disputes.vic.gov.au) . It features a wide range of useful how-to videos with tips on simple and effective ways to avoid and/or resolve neighbourhood disputes. My neighbours are causing me grief: What should I do? Do not over-react to what may be a one-off event. Loud noise from the neighbours’ annual party may cause sleep loss and irritation, but think carefully before making it an issue of dispute with your neighbours, who may usually be quiet and considerate people. It is not worth destroying a long- term relationship or peaceful co-existence with your neighbours unless there is serious ongoing nuisance, disturbance or disruption. Generally speaking, neighbours have the right to use and enjoy their property as they please. So long as your neighbour is not interfering unreasonably with your enjoyment of your property, they are entitled to go about their lives free from interference. Problems arise when the rights of neighbours come into conflict, such as the right of one person to play music at full volume at 3 am versus their neighbour’s right to peace and quiet. The first step in dealing with any neighbourhood issues is simply to talk. Keep the approach low key and pleasant. Remember, your neighbour does not see or hear things from your perspective, so may not even be aware that their activity is the source of concern or irritation for you. Visit the DSCV website for simple and effective strategies for talking to neighbours. Before talking to your neighbour about your concerns, take a step back and: • ask yourself if you have been doing anything that may have caused annoyance for your neighbour; and • try to look at the situation from your neighbour’s point of view. Ask yourself, ‘Why are they doing this? Would it be easy for them to stop or change what they are doing?’. When made aware of what, to you, is a real problem, your neighbour may be willing to stop ormodify the cause of your concerns. This would be a great outcome for you both. If you are unable to resolve your dispute via an informal ‘over the fence’ chat, but you still wish to 6.4 Neighbour disputes Contributor: Peter Cotter, Mentor and Lawyer, Leo Cussen Centre for Law