Dealing with neighbours

Disputes between neighbours can have a serious effect on everyday life. Disagreements over dividing fences and boundary issues, overhanging tree branches, excessive smoke, water run-off, noisy dogs and other nuisances can cause long-lasting ill-feeling. 

This section has information about some of the common legal issues that can come up between neighbours, what your rights and options are, and where you can get help. 

Going to court is often not the best way to solve a problem. Legal action can be expensive, stressful and take a long time. It is also unlikely to do anything to improve the relationship with your neighbours.

Common problems

Problems can arise with neighbours in a range of situations including excessive or annoying noise, water run-off, and where cars are parked. 

It is always best to see if you can work out any problems with your neighbours in a friendly way. Legal action against neighbours can cause bad relationships that cannot be repaired. Legal action should be a last resort once all other options have been tried.

Legal Aid WA does not normally give legal advice on disputes with neighbours unless it involves a restraining order. You may be able to get help with a neighbourhood dispute through a virtual office appointment.

Can I refuse to let my neighbour enter my property?

As the occupier (owner or tenant) of property, you have certain rights including the right to quiet enjoyment of your land.

Certain people are allowed by law to come on to your land (such as the owner, certain government or council officers, etc). Apart from them, you can refuse to let people come on to your property, and you can ask any person who is already on your property to leave. If someone refuses to leave after you have asked them to, you may call the police.

What is a nuisance?

You are entitled to enjoy your property without interference from a neighbour. The law protects your rights to enjoy your land.

A private nuisance is where someone stops your use or enjoyment of your land or any rights you have linked to your land. It can include overhanging tree branches, air and noise pollution, and water run-off from a neighbouring property.

What are my legal rights about a nuisance?

If interference is so bad that it causes damage to property, injury to health or badly affects your quality of life, you may be able to apply to court for an order making the neighbour stop. You can ask for compensation (damages). As the law in this area can be complicated and court actions can be expensive, get legal advice before starting legal action to see whether you have a good case and what damages you could claim.

If you have a problem, talk to your neighbour first to try to sort it out.

What can my local government do about a noise problem?

Local governments can prosecute anyone making unreasonable noise or breaching a local government direction or notice. An environmental health officer will usually first visit the owner of the property where the noise is occurring and advise them of the complaint. If this meeting does not solve the problem, arrangements may be made for noise readings to be taken. This will help work out if the noise is above the limit. 

What can I do about excessive noise from a tavern, night club or pub?

Strict rules apply to the licensing of nightclubs, hotels, etc about the amount of noise that can be made in residential areas.

You can make a complaint where you believe that:

• the use or enjoyment, quiet or good order of the neighbourhood of the licensed property is often unduly disturbed by an activity happening on the property, or
•  the noise coming from the licensed property is excessively offensive, annoying, disturbing or inconvenient.

Other similar situations involving noise may be covered as well.