Conflicts with Neighbours: the role a lawyer can play

A neighbourhood dispute with either your neighbour or local council can be disruptive to your home life. Noisy disturbances, parking conflicts, tree concerns, construction projects, and fencing disagreements are all frequent triggers for these disputes.

Addressing these matters can prove challenging, especially as tensions can escalate rapidly and result in physical altercations or menacing threats.

Neighbour conflicts can create a sense of unease in your own home, and it is ideal to resolve them promptly. However, there are various legal avenues available to you.

There are typically two routes for resolving a conflict: reaching a private agreement or taking legal action. Legal action may be necessary in cases of a contentious relationship.

Seeking legal guidance for your neighbourly conflict can facilitate an amicable resolution quickly avoiding a court based dispute.
without the added cost of taking the matter to court.
Before a dispute escalatesPrior to the escalation of a dispute, it is important to determine your legal rights and position. This early knowledge will ensure a timely and cost-effective resolution.

Solving conflicts between neighbours and councils

The majority of neighbourhood disputes arise over disagreements about fences and trees. Our lawyers have also represented clients to resolve matters related to construction projects and noise disturbances, which are also frequently encountered.

Our litigation lawyers can easily advise you on any type of neighbourhood disputes, and and offer practical advice to help you reach a resolution quickly.

Local council disputes

In some cases, conflicts may occur with councils if they require you to rectify or repair any part of your property, or issue a notice requiring you take a certain action.

Our lawyers are also available to offer assistance and guidance if you receive a notice of request from a local council which requires you to take some action in respect of your property.

Restraining orders against neighbours

If a dispute has escalated to involve actual or threatened physical harm, you may want to consider obtaining an intervention order, also referred to as a personal safety order.
Intervention orders are becoming a more common means of resolving neighbourhood disputes.

Prioritising safety is crucial, especially when facing threats to your home, making rapid action necessary for your peace of mind and protection. Intervention orders can be achieved promptly when there is a valid reason.

In case of any imminent safety concerns, please contact Victoria Police at 000.

Intervention orders involving neighbours vary in terms of their consideration by the court.

The parties recent and historic conduct
The parties involved in this matter.
The level of protection necessary
Where alternative resolutions, like mediation, are available.

It is important to obtain legal advice before preparing or defending against an application for an intervention order, particularly if the application is being made against you, as an order may include a number of prohibitive conditions which impact your life.

Receiving the appropriate legal advice

Failing to seek legal advice for an intervention order application may result in being unfairly limited or denied the order entirely. Non-compliance with the order could result in criminal charges.

A knowledgeable lawyer with experience in intervention orders can offer valuable advice and representation for your court case.

Our firm has assisted numerous clients with such orders and have a thorough understanding of the process. We possess a practical working knowledge and strong legal understanding of how the court will evaluate your claim.

At PCL Lawyers, we make sure to clearly articulate your claim or defence and provide a comprehensive account of the events and context to the court. Additionally, we have the expertise to offer suggestions on how to increase your chances of success.

For assistance with intervention orders or neighbour disputes, please get in touch with one of our lawyers by calling 1300 907 335 or filling out an online enquiry form.

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