Anxious Regarding a Property Dispute? You Should Know Your Rights

Property Dispute

Property disputes may occur in various settings and scenarios. Property lawyers can help you obtain your fair share and assert your rights. For example, property disputes could involve disagreements with neighbours over trees and fencing or you could face a property dispute with a divorced spouse or partner. As a matter of fact, it’s very common for people to have disputes over trees and fencing. Disputes over trees and fences may be caused due to leaves from the overhanging tree may clog gutters or fall into a pool.

There may be increased risk of overhanging branches falling on a person or a child and causing injuries and accidents. Falling branches may also cause damage to property. Disputes could also arise regarding the sharing of costs for building and upkeep of fence. Other disagreements could arise regarding the height and type of fence.

For example, one party may wish to build a fence for a specific purpose such as keeping a dog in, but a neighbour may not be willing to share in the costs. If you decide to share the expenses, it’s a good idea to create a written agreement regarding costs and time duration for building and so on. Under Australian Law, all legal facts concerning your rights (and your neighbour’s rights) over a fence is stipulated in the Neighbourhood Disputes Resolution Act. Contrary to popular belief, fencing may also refer to any form of grids, wires, posts etc that act an enclosure to a house, a plot of land, a tree or a hedge, a field and so on. Experienced property lawyers can help you negotiate a rational settlement.


Similarly, property disputes may also arise with a divorced or separated partner over a house, plot of land, commercial property or a garden and so on. Communication with your former partner can help reduce the emotional and financial costs of taking the dispute to court. You can also consider mediation measures in order to resolve your property dispute in an amicable manner. If you cannot agree with your partner, then you may wish to consider referring the matter for Family Dispute Resolution (FDR). While property popularly refers to real estate, it could also include vehicles, boats and other and personal items.

It may be a good idea to create what is called a ‘property agreement’. The property agreement is a written contract that determines the manner in which you will divide property with your former partner or spouse. Hiring expert lawyers to draft a property agreement can help in the following ways:

  • Reduce the costs of litigation in an adversarial legal process
  • Reduce the time duration required to arrive at a mutually acceptable solution
  • Complete the financial relationship between former partners and help them move on