Disputes between neighbours may arise over a number of issues and in a number of situations, ranging from arguments about the exact position of boundaries to complaints about noisy children. They may involve the owners or tenants of houses, flats and units. Disputes between neighbours in strata title units can often be resolved at meetings of the owners.
The one thing all neighbourhood disputes have in common is that a polite and direct discussion about the matter can often resolve the problem. If a neighbour is doing something upsetting or unreasonable, the first thing to do is to talk about it early (before becoming angry), directly (so that there is no misunderstanding), and calmly and politely (because neighbours still have to live next door, or very close, to one another).
If the problem continues, the next step is to try to resolve the dispute through community mediation. Services such as Uniting Communities Mediation Service offer free mediation to eligible people. For more information and to arrange a mediation, visit the Uniting Communities Mediation Service website or call 8202 5960 (1300 886 220 for country callers). Mediators can often help disputing neighbours reach an agreement and avoid court. For more information about mediation services and how they function, see our page on the legal system.
If a solution cannot be reached by negotiation and the problem cannot be ignored, legal action may be appropriate as a last resort. Civil actions between neighbours based on nuisance or trespass, or under the Strata Titles Act 1988 (SA), the Community Titles Act 1996 (SA), or the Fences Act 1975 (SA), as well as monetary claims for less than $12,000, are generally dealt with in the Minor Civil Action (Small Claims) jurisdiction of the Magistrates Court.
Where a neighbour dispute escalates to such a point that a person fears their safety, it may be possible to obtain an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 (SA). For a full discussion of such orders, see Intervention orders or read our Applying for an intervention order brochure.
A legal nuisance involves a substantial, unreasonable and repeated or ongoing interference with the use or enjoyment of a neighbour's land (examples include smoke, smells, noise and overhanging trees).
It is for the court to decide what is substantial and unreasonable and this will often depend on the nature of the local area. For example, noisy or smelly factories will not normally be regarded as causing a nuisance if they are sited in industrial areas. Nor will it be a nuisance if the occupier who suffers the damage has put up with it without complaint for a long time, or if the occupier suffered the damage because of an unusual sensitivity (for example, unusually delicate plants). Public authorities may sometimes be allowed to cause a nuisance in the course of necessary work they perform.
The occupier who complains of what appears to be a nuisance caused by a neighbour may:
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