Having Problems Loving Thy Neighbour? Take Steps to Resolve Neighbourhood Disputes

You love your house – but the neighbours are driving you mad. Loud parties, cars parked in front of your driveway and on your nature strip, a cat that visits much too often, and lawns being mowed at the crack of dawn.

“It’s when the days get longer and the holiday season approaches that things can seem to get unpleasant between neighbours,” First National Real Estate South Australia director Russell Burton said. “It’s when some people decide to put their house on the market because they don’t want another noisy summer or year.”

But selling up to get away from noisy neighbours is an extreme response – and unnecessary.

“When you buy a house, you’re buying into a neighborhood,” Mr Burton said. “Home-owners have a range of rights when it comes to their relationships with neighbours and to the peace and quiet they’re entitled to enjoy in their home, but few people are aware of these. Rather than let a relationship degenerate to a point where it’s affecting your enjoyment of your home take steps to deal with it.”

The first step is to always try and resolve any dispute amicably, through discussion, and it is important to keep a record of these and of any agreement that has been reached – for example, that your neighbour will ensure music is turned down at 11 pm.

“Often a neighbour genuinely has no idea how sound is carrying into your house or how often their cat is making unwelcome visits,” Mr Burton said. “A discussion can often result in simple solutions acceptable to both parties, and certainly your local council and police want to see that a real effort has been made to solve the problem. But people being what they are, this is not always possible so you may have to take the next step.”

In South Australia your local council or police station or the Environment Protection Authority can provide advice on necessary steps if there is clearly a problem that cannot be amicably resolved privately – for example, keeping records of noise and disturbance. Another option is to contact the South Australian Community Legal Centre, which can provide free mediation and conflict management services for warring neighbours. It has a strong success rate.

But if agreement can’t be reached, litigation may be the only answer. The Local Court is most commonly used to deal with civil disputes, although at this point it can be worthwhile seeking legal advice as to what the options – and possible outcomes and costs – might be.

“It’s in everyone’s interests to ensure the ambience and liveability of a neighbourhood is maintained,” Mr Burton said. “That’s why every area has are regulations and processes in place to protect the rights of you and your neighbours.”

Issued by: First National Real Estate South Australia