Neighbourhood Disputes
Neighbourhood disputes can arise between property owners or residents about a range of issues. In many cases these matters are not regulated by Council and are best resolved directly between neighbours or through mediation services.
Common neighbourhood disputes include:
- dividing fences and fence attachments
- overhanging branches or trees
- unreasonable noise from people or motor vehicles
- smoking along property boundaries
- overland water flow between properties.
Information about dividing fence disputes is available from the Queensland Government.
Try to resolve the issue with your neighbour first
In many situations the most effective way to resolve a neighbourhood dispute is to speak directly with your neighbour.
When raising a concern, consider the following:
Choose the right time to talk
Approach your neighbour at a convenient time and explain the issue calmly. They may not be aware that a problem exists.
Explain the issue clearly
Use respectful and neutral language to explain the problem and the impacts it is causing.
Suggest possible solutions
Offer practical solutions where possible. Your neighbour may appreciate assistance or advice about how to resolve the issue.
Be prepared to compromise
Both parties may need to adjust their expectations to reach an agreement that works for everyone.
If you cannot resolve the dispute
If discussions with your neighbour do not resolve the issue, several independent services may be able to help.
Neighbourhood mediation
The Department of Justice and Attorney-General provides mediation services through the Dispute Resolution Service.
Mediation is voluntary and involves an independent mediator helping both parties discuss the issue and work toward a solution.
This service is often provided free of charge.
Wide Bay Dispute Resolution Service
Level 1, Brendan Hansen Building
50–54 Main Street, Pialba QLD 4655
Phone: 1800 017 288
Learn more about neighbourhood mediation on the Queensland Government website.
Queensland Civil and Administrative Tribunal (QCAT)
The Queensland Civil and Administrative Tribunal (QCAT) can make legally binding decisions about certain neighbourhood disputes.
QCAT commonly deals with matters such as:
- dividing fences
- trees on adjoining property boundaries
- body corporate and community living disputes.
Applications to QCAT involve a fee.
Visit the QCAT website for further information.
Legal advice
You may also wish to seek legal advice.
Options include:
- contacting a private solicitor
- using the Queensland Law Society Find a Solicitor service
- contacting Legal Aid Queensland on 1300 65 11 88.
The Wide Bay Burnett Community Legal Service may also provide advice on resolving neighbourhood disputes.
Phone: (07) 4194 2663
After the dispute is resolved
Once a dispute has been resolved, it is helpful to acknowledge your neighbour’s cooperation and maintain open communication to avoid future issues.
More information
Queensland Government – resolving disputes about fences, trees and buildings
Queensland Civil and Administrative Tribunal (QCAT)