Neighbourhood Construction Disputes
If your neighbour is engaging in construction on their property, and you are concerned that the construction may be intruding on to your property or affecting the structural integrity of your land, then Hillhouse Burrough McKeown may be able to assist.
As a landowner you have various rights attaching to your property, which includes the right to enjoy your property free of trespass or interference, a right over any land upon which your land is dependent on for support and a right to maintain a retaining wall.
Any construction which is conducted on your neighbouring property must respect your rights in relation to your land, and must comply with excavation rules under the Australian Building Code.
Issues can often arise regarding the dividing fence between properties. If you are unsure if your dividing fence is in the appropriate place, then you can obtain a shared survey to ensure that you are aware of the boundary of your property. The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld) provides parties with guidance regarding their obligations and rights regarding dividing fences and property boundaries.
Contact Hillhouse Burrough McKeown if you require more information on your rights on neighbourhood disputes and dividing fences issues. We can assist you by:
- Corresponding with your neighbours in an effort to resolve the dispute;
- Corresponding with your neighbours builders or contractors to ensure that they have received the appropriate approvals and reports to ensure that your land will not be damaged or adversely affected;
- Corresponding with your neighbours to ensure that they are aware of the appropriate boundary of your property;
- Corresponding with your neighbours to ensure that any costs regarding a dividing fence are appropriately shared between parties;
- Corresponding with your neighbours or your neighbours builders to remedy any damage they have caused to your property;
- Obtaining an injunction from the Court if there is an imminent threat to your property.