Posted by admin on March 11, 2020

There is a well-known saying, “love thy neighbours”. However, the actual situations may not always be so heavenly. In the residences of two individuals at the side-by-side position, a dispute is fairly normal. Likewise, a problem can arise in any subject with you and your neighbour. The counsel of Neighbour Disputes lawyers should be included in these matters, only after the usual channels have proven ineffective.

When do you go to court?

It is a known fact that legal proceedings take a long time to realize. In fact, the average minimum time for a final court order to come through is eight months. If you count the time for deference, appeals, referendum, review petitions; the total time may stretch into years. So, if you do go to court about a case of dispute with your neighbour, understand that the cause and the effect; which is often the reason for the dispute, cannot be acted upon till the court gives a decision. Therefore, it is usually the best way to have a discussion and come into an understanding of the neighbour for solving the problem.

However, you must take legal action if your neighbour has resorted to uncivilized means to substantiate his or her position. Apart from the help of Dispute Resolution Lawyers Perth, you can also take the counsel of a criminal lawyer in these situations. The cases where you must take the legal action against your neighbour, or vice versa, can be listed as; civil lawyers

  • Threatening

You can complain and involve the local legal authorities if your fellow citizen has threatened you in relation to the dispute. The threatening can be verbal, written, or any intimation through common communication channels including telephone, e-mail, or other messaging services. However, the court will need proof in these cases, so recording in cases of telephonic conversation, screenshots in case of messaging, and originals and copies of written communication will be needed as evidence.

  • Actual bodily harm

The court of Australia has strict laws in place in this kind of situation. The legal repercussions of causing harm to any party directly connected with a neighbour dispute by another one will be ominous and will include jail time, compensations or both. In reality, the causing of actual bodily harm will amount to manslaughter charges, and that will include personal involvement or use of professionals.

  • Damage to the property

In the course of the discussion, if your neighbour does something that damages the property, you can take the help of the police and the court. However, for compensation purposes, take an estimate about the cost it would take to restore the damage, and you have to inform the local statutory body about these damages.

The problems that can occur

There are some specific types of problems that can be solved just by having a discussion with your neighbour. However, if the matter actually goes to the court, you can always hire the services of proficient legal counsel to represent you. The problems that can occur with your neighbour, their probable solutions, and the provision civil lawyers Perth was of the law can be listed as;

  • Fencing of the houses

As a property owner, you and your neighbour share equal responsibility for the separating fence between your properties. For repair and replacement, the following factors will prevail;

  • The paying party

  • the type of barrier to be built

  • the notices that you need to give one another

  • How to resolve disputes.

It is better to have a prior discussion about the work that needs to be done with your neighbour first. Any agreement reached will have to be put in writing and signed by both. Legally, you would have to pay only for a fence sufficient to the purpose. If your neighbour wants to have a more lavish enclosure, then they are liable for the payment of the difference between the two.

If you are living as a tenant, then any repair will have to be borne by the landlord. For commercial renting that spans 5 years or more, the tenant may have to contribute.

  • Unreasonable noise

Normally, there are laws to decide on problems caused by irrational noise levels from cars, constantly barking dogs, air conditioners, lawnmowers, power tools, and musical instruments. Noise restrictions also relate to specific times of the day. Any information regarding this can be obtained from the Environment Protection Authority in place.

  • Dangerous pets

usually, the local committee has regulations that determine the maximum number of pets, especially in the case of dogs, that can be kept on the property. They will also decide if you can keep a bird like a chicken or a fowl. However, the owner of the pet is responsible for its behaviour and any damages caused by it. If the animal has attacking tendencies and has caused serious injuries before, then it can be seized and put to sleep permanently. The local committee can also seize an animal wandering into another’s property.

However, a humane approach must be taken in case of disputes regarding pets. Before going in the direction of legal intervention, you can talk with the neighbour. However, if the problem persists, you can always approach the court.

  • Injuries on property

Any person getting injured on your property can demand compensation from you. Likewise, you can do so if you get injured on your neighbour’s property, and vice versa. However, people illegally trespassing on the property loses the right to sue if they get injured. Also, the cause of the injury will be taken into account. For example, the law can penalize you for a broken step that injured someone in your house, but may not do so in case of wiring defects which are impossible to detect.

Going to court as last resort civil lawyers Perth WA

with usually, a good-natured discussion with your neighbour can settle a dispute. But again, that may not be the case always. If your neighbour fails to see the side of your argument or is being non-compliant and obstinately non-cooperative, you can approach the prevailing local committee for a solution. If the problem stays, then you should go to the civil court aided by expert Civil Lawyers Perth. They can present your case in court and get the right judgment.