Positive Solutions: Mediation, Counselling & Training

Positive Solutions
Mediation ● Counselling ● Training
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Are you arguing with your neighbour about a boundary
fence or noise?

Everyone has a right to live in peace and comfort and not be disturbed by those who live nearby. Sometimes, however, a person’s
peace and comfort can be disturbed by a neighbourhood dispute.

Neighbourhood disputes usually involve two or more neighbours who disagree over such things as noise, smoke, fences, trees,
pets, relationships, property maintenance, etc. Not only is your peace and comfort likely to be disturbed by such a dispute, but
occasionally you may find yourself unwittingly becoming involved.

Disputes also occur sometimes when people have to share space with their neighbours. For example, disagreements can occur
over changes to boundaries such as fences or trees and shrubs, or over use of driveways or common areas.

Some of the most common neighbourhood disputes are about:

Fences
Trees/shrubs/plants
Noise
Lifestyle/environmental issues
Children or teenager's behaviour
Dogs and other animals
Invasion of privacy.

These challenges can be overcome if everyone is genuinely willing to try and if people feel safe to agree and disagree with each
other.

Mediation encourages people to explore dispute resolution options together to reach a mutually acceptable agreement. These
processes can provide a more effective solution than legal action, and is more likely to enhance and preserve relationships between
people.

When disputes are not resolved, it is often because one or more of the following things is going on:

Inability to communicate
Constant complaints or refusal/failure to act on complaints
Agreement Breakdown
Verbal abuse/swearing
Threats of violence
Lack of trust
Bullying
Theft/damage or assault
Gossip and rumours

The mediator does not have the power to force a settlement in the way that a judge or magistrate can. They help you reach
agreement, which you will be happy with - and if this happens you shouldn't need to enforce the agreement.

Common Neighbourhood Complaints

Fencing issues

The Boundary Fences Act (Tas) 1908 applies in relation to boundary fences within Tasmania, particularly in relation to the
erection and repair of boundary fences. Under this Act, neighbours must share the cost of the fencing but the split is not
necessarily 50/50. For example, if your neighbour wants a more expensive type of fence, you could negotiate to pay less.

What you can do:

Always consult with your neighbour and get at least three quotes. Record your agreement, i.e. type of fence, who will do the
work, total costs and how the costs will be shared, whether anyone needs to remove plants and who will be the one to do this.
Seek mediation if you can't agree.

Trees

When it comes to trees and plants intruding onto your property, the law leaves it up to neighbours to work it out, giving some
rights to those affected by problem trees but no clear responsibility to owners to pay for costs.

If you're planting new trees, you can avoid future problems by making sure the tree you're planting won't block drains, damage
buildings or pathways or interfere with views.

What you can do:

Before pruning, check with local council to see if the tree is covered by a preservation order. Even if the tree is protected, it can
still be pruned or removed. For example, if roots are blocking sewage or other pipes or the tree is threatening a building or
structure. Negotiate with your neighbour on what needs to be done and how to share the costs of fixing the problem. If your
neighbour's tree damages your property, you can apply to the local or magistrate's court for an order requiring your neighbour to
remove the tree.

Noise disputes

If a party is coming up, it's always good protocol to warn your neighbours. Better still, invite them along and you shouldn't have
any complaints about the noise. Noise is less of a problem if it's expected.

If the problem is a barking dog, your local council, vet or dog training school may provide practical advice on how to stop dogs
barking.

The main piece of law regulating this sort of noise is the Environmental Management and Pollution Control Act (EMPCA),
1994.

What you can do:

Try talking to your neighbour directly and ask that the particular activity be reduced, stopped or kept to certain hours. Enlist the
help of a mediator if you're not confident of solving the dispute on your own.

Where immediate noise relief is required, i.e. late-night parties or car alarms, complain to the police. Police have the authority to
issue a noise abatement direction which if broken may result in an on-the-spot fine.

Check with your local council to find out if its laws and regulations cover the particular noise problem you are facing.

Useful Links

Boundary fences

Local Councils - Southern Tasmania

Local Councils - North East Tasmania

Local Councils - North-West Tasmania