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Disputes over Nuisance


The nuisance complaint has become stricter and no longer includes complaints about trees. A person can make a complaint about nuisance only if the damage is regularly or naturally occurring on land that the neighbour caused or did not try to prevent.


What is not nuisance:

  • when the neighbours activity is a ‘reasonable’ use of the land and care has been taken to prevent damage
  • if the problem has been ‘put up with’ for a long time
  • if the person who wishes to complain has an unusually sensitive property (e.g. are growing unusually delicate plants)


Getting an injunction:

  • an application to the Supreme Court can be made for an injunction against the neighbour who is believed to be causing the nuisance. This process very long and can be quite costly
  • an interim injunction can be obtained quickly in urgent cases


Entering neighbours land:

In some cases, permission may be granted for a person to enter the neighbour’s property and appropriately stop the nuisance. In this case, the person should be careful to do nothing more than what they have obtained permission to do so. Care must be taken to avoid liability for damages

If you need more information or assistance with dealing with nuisance, complete and submit the Express Enquiry form on the top right hand side of this page and we will contact you to discuss your enquiry or call us on 1300 QUINNS (1300 784 667) or on +61 2 9223 9166 to arrange an appointment.