Neighbour Disputes in Australia: Fences, Trees, and Noise

Dividing Fences

Neighbours generally share the cost of building or repairing a dividing fence between their properties under state fencing legislation. The default position is an equal split, but this can vary.

Before building or replacing a fence, you must usually:

1. Give your neighbour a fencing notice with a quote and proposal
2. Allow them time to respond (typically 30 days)
3. Try to reach agreement

If you cannot agree, you can apply to your local tribunal or court for an order.

Key rules by state:

State	Legislation
NSW	Dividing Fences Act 1991
VIC	Fences Act 1968
QLD	Neighbourhood Disputes Resolution Act 2011
WA	Dividing Fences Act 1961

Overhanging Trees

If your neighbour's tree overhangs your property, you generally have the right to cut branches back to the boundary line, but you must not damage the tree or enter your neighbour's property.

Some states have specific legislation:

• NSW & QLD: Specific Trees Acts allow tribunal orders for dangerous or severely intrusive trees
• Other states: common law rights apply (nuisance, negligence)

If a tree is dangerous (likely to fall and cause damage), notify your neighbour in writing and, if they fail to act, apply to a tribunal.

Noise Disputes

Unreasonable noise from a neighbour may be addressed through:

1. Police: for immediate noise complaints (parties, loud music late at night)
2. Local council: most councils have noise officers who can issue warnings and fines
3. State tribunals: for ongoing noise nuisance (NCAT, VCAT, etc.)
4. Common law nuisance: private action if the council and tribunal fail

How to Resolve Disputes

Most neighbour disputes are resolved without going to court:

1. Talk directly: calmly raise the issue face to face or in writing
2. Community mediation: free or low-cost mediation services exist in most states
3. Tribunal application: low-cost, accessible for fencing, tree, and noise matters

Avoid escalating minor disputes, it can make things worse and more costly.