Neighbour disputes can be a major source of stress for homeowners. Property disputes are often confusing and can drag on without professional legal support. Law Corp Solicitors and Conveyancers has property dispute lawyer Liverpool the expertise you need to navigate property law. Our experienced lawyers can help resolve boundary issues and a range of other concerns.
Common Property Disputes in Liverpool NSW
Various issues can arise between neighbours. Here are some of the most common disputes:
Boundary Line Disputes and Surveys
Boundary disagreements are frequent in both older Liverpool subdivisions and newer estates, such as those in Prestons. These disputes may involve:
Disagreements over the position of a fence line
Discrepancies between surveys and lot measurements
Encroachment and unauthorised use of land
Fence Disputes
Fences are subject to regulations covering factors such as height and construction material. Common fence disputes include:
Fence height: Generally, side and rear fences may be up to 1.8 m high without council permission. Front fences may not exceed 1.2 m.
Shared boundaries: A fence built on the common boundary between two lots is owned equally by both neighbours, who are also jointly responsible for its upkeep. However, cost-sharing arrangements can sometimes be difficult to negotiate.
Tree and Vegetation Disputes
While trees provide valuable shade, they can also become the centre of neighbourhood disputes. Issues that may arise include:
Overhanging branches causing nuisance or hazards
Extensive root systems damaging fences or threatening house foundations
Tree preservation orders (TPOs): In some cases, the local council may impose a TPO to protect trees of aesthetic, environmental, or heritage value, limiting your ability to alter them
Easement and Right-of-Way Disputes
While we like to think we have sole rights to our land, surrounding property owners may require access for various reasons. Utilities such as shared driveways, water mains, and sewerage pipes often require shared access. These non-possessory rights are called easements. They are common in close-knit suburbs but can cause issues such as:
Disagreements over the use or maintenance of an easement
Increased use of an easement due to changing circumstances
Non-disclosure of an easement potentially invalidating a property sale
How Our Property Dispute Lawyer Liverpool Can Help
Property owners face a range of potential challenges, but the right law firm can help manage these legal matters. Our Liverpool lawyers are highly experienced in property law. Depending on your situation, we can assist with:
Mediation: Mediation should generally be the first step in resolving any legal issue. Our approachable team can negotiate on your behalf to seek an amicable solution.
Compensation: If your property is damaged by encroaching branches or other issues, you may be entitled to compensation. We will protect your interests by pursuing appropriate claims.
Easement Rights: Easements should be clearly defined by a registered survey plan. We ensure your rights and obligations are enforced and disputes are managed efficiently.
Injunctions: Part of our legal services. We can apply to the Court for an injunction to prevent a neighbour from continuing an action that causes harm, safeguarding your position while the matter is resolved.
Civil Action: If no agreement can be reached, litigation may be required. Property disputes can be heard by the NSW Civil and Administrative Tribunal (NCAT) or the Land and Environment Court.
Liverpool Property Dispute Resolution Process
If you are seeking legal advice, Law Corp Solicitors and Conveyancers offers a straightforward, personalised service:
Step One: Initial Assessment
We begin by reviewing your documentation and assessing your case to determine the best legal strategy.
Step Two: Gather Evidence
We collect all necessary evidence to strengthen your case, which may include:
Commissioning a professional survey
Taking photographs of the disputed area
Obtaining witness statements
Undertaking a title search
Step Three: Mediation
We can invite your neighbour to mediation. Your legal representative will attend with you to protect your interests and help find a workable solution.
Step Four: Court Proceedings
If mediation fails, we can apply to have your case heard in Court or through NCAT to seek compensation or other remedies. If necessary, we may also apply for an injunction to prevent further action by your neighbour until the case is resolved.
Further Considerations
A major concern for many clients is the potential impact on their time and finances. While legal disputes can be costly, much depends on the approach taken. The longer a dispute lasts, the more expensive it becomes, so a swift resolution is always the goal. Mediation is key, Law Corp’s mediation expertise may ultimately reduce your costs and stress. We equip you to get the most out of every mediation session.
Testimonials
Disclaimer: All testimonials are genuine and comply with Law Society guidelines. We do not guarantee outcomes. Past performance is not a reliable indicator of future results.
Michelle and Myrna worked tirelessly over the last few months on a complicated land case for us. They kept us up to date on the progress (and challenges). Happy to recommend them.
— Mamoon Huda
If you want your conveyance matter handled professionally, responsively and cost-effectively, look no further than Law Corp. The team are very accommodating, easy to talk to, and thoroughly professional. Highly recommended!
— Mana Ghadirian
Myrna and the team were super prompt in their approach and helped us in a really professional and diligent manner! Highly recommend!!
— Satyam Gaind
Choose Law Corp as Your Liverpool Lawyers
Law Corp understands the local residential and commercial property market in depth. Our skill in dispute resolution allows us to resolve cases quickly and affordably. If litigation is required, our solicitors provide robust representation to secure the best possible outcome. Our reputation for professionalism and tailored client service stands out when navigating the legal system.
We also offer legal services in:
Family law
Criminal law
Personal injury
Driving offences
Immigration law
Wills and probate
Speak to Our Friendly Team
You do not need to face property disputes alone. Our solicitors are respected for their experience and compassionate approach. Contact us for an obligation-free consultation.
Frequently Asked Questions
How can I prevent property disputes in the future?
Before purchasing a property, conduct thorough title checks to understand details such as existing easements. Ensure the property has an up-to-date land survey so the boundaries match the contract. This clarifies your rights and responsibilities as the property owner.
What are the signs that I need legal assistance?
If a dispute arises with a neighbour, seek legal advice promptly. Warning signs include:
A neighbour building a structure that encroaches on your property
A neighbour blocking legal access to your property
Overhanging structures or vegetation causing damage
Receiving threats or harassment relating to a property dispute
