Neighbourhood Disputes | By Lawyers
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Neighbourhood Disputes

SA

A practical guide to the law applicable to neighbourhood disputes in South Australia.

1 Matter Plan

Overview

The commentary covers disputes over dividing fences, trees, companion animals, and Nuisance.

The Reference materials folder includes guidance on electronic signing and witnessing, and the comprehensive Getting the matter underway folder includes compliance and client care documents. Using the extensive Retainer Instructions when gathering information ensures nothing is missed.

Precedents in this publication include:

  • Library of notices and applications;
  • Example letters to the other side for:
    • tree issues;
    • dog bite;
    • stormwater;
    • nuisance.
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1 Matter Plan Included

  • Item icon ALERTS - Nil
  • Item icon Full Commentary - Neighbourhood Disputes (SA)
  • Folder icon Reference materials
    • Item icon AI Prompts
      An AI prompt defines a specific task for AI to perform, like drafting a particular document, and provides clear instructions on how to execute that task. The goal is for the AI to quickly create a useful first draft of a document, which the user verifies and refines into a final version, ultimately ...

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    • Item icon Looking to the Future
    • Item icon Electronic Signing and Witnessing
    • Item icon 101 Costs Answers
    • Item icon Further information
  • Item icon Overview
    Whilst many issues between neighbours are directly addressed by a law or regulation and may finally – perhaps after many months or years – be resolved by recourse to the courts, these types of dispute can potentially compete with family law conflicts when it comes to creating emotional pain and ...

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  • Folder icon A. Getting the matter underway
    • Item icon File cover sheet - Neighbourhood disputes
    • Item icon First steps
    • Item icon Client details and verifying identity
    • Item icon Retainer instructions - General
    • Item icon Conflict of interest check
    • Item icon Letter to client enclosing costs agreement
    • Item icon Costs agreement - SA
    • Item icon Time and costs estimates
    • Folder icon If required - Updating costs disclosure
      • Item icon Letter to client updating costs disclosure
      • Item icon Charge securing costs
      • Item icon Guarantee securing costs
      • Folder icon Costs disclosure before settlement in litigation matters
        • Item icon Letter to client - Costs disclosure before settlement - NSW, VIC, and WA
        • Item icon Letter to client - Costs disclosure before settlement - QLD, SA, TAS, ACT, and NT
    • Folder icon General deeds, agreements, execution clauses, and statutory declarations
      • Item icon Deeds and Agreements
      • Folder icon Deeds
        • Item icon Deed for general use
        • Item icon Deed of guarantee
        • Item icon Deed of release
        • Item icon General deed of indemnity
        • Item icon Deed of assignment of agreement
        • Item icon Deed of gift
        • Folder icon Library of standard clauses for deeds
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of deed - All parties
          • Item icon Confidentiality for terms of deed - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Agreements
        • Item icon Agreement for general use
        • Item icon Heads of agreement
        • Item icon Non-disclosure agreement - Formal
        • Item icon Non-disclosure agreement - Informal
        • Folder icon Library of standard clauses for agreements
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of agreement - All parties
          • Item icon Confidentiality for terms of agreement - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Execution clauses
        • Folder icon Library of execution clauses for agreements
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
          • Item icon Individual - No witness
        • Folder icon Library of execution clauses for deeds
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
      • Folder icon Statutory declarations
        • Item icon Commonwealth statutory declaration
        • Item icon Statutory declaration - blank - ACT
        • Item icon Statutory declaration - blank - NSW
        • Item icon Statutory declaration - blank - VIC
        • Item icon Statutory declaration - blank - QLD
        • Item icon Statutory declaration - blank - TAS
        • Item icon Statutory declaration - blank - SA
        • Item icon Statutory declaration - blank - WA
        • Item icon Statutory declaration - blank - NT
        • Item icon Standard annexure note for documents
      • Item icon Standard annexure note for documents
  • Folder icon B. Fences
    • Item icon Fences
      In South Australia there is no obligation to fence however the Fences Act 1975 provides the procedure for resolving fencing disputes and obtaining contributions from neighbours who benefit from a fence. The purpose of Act is:

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    • Item icon Form 1 - Notice of intention to erect a fence
    • Item icon Form 2 - Notice of intention to perform replacement repair or maintenance work
    • Item icon Form 3 - Cross-notice
  • Folder icon C. Trees
    • Item icon Trees
      A frequent source of angst between neighbours is an overhanging tree dropping fruit, leaves, or branches and generally making a mess. In South Australia the law relating to neighbours' rights and responsibilities for trees is covered by the common law of nuisance and to some extent by the Planning, ...

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    • Item icon Example letter to other side - Problems relating to trees
  • Folder icon D. Dogs and cats
    • Item icon Dogs and cats
      The aim of the Dog and Cat Management Act 1995 is to encourage responsible ownership of cats and dogs and to reduce public and environmental nuisance caused by them. The Act provides powers and functions for councils to manage the day-to-day enforcement and administration of the legislative ...

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    • Item icon Example letter to other side - Dog bite
  • Folder icon E. Other nuisance
    • Item icon Other nuisance
      A private nuisance may occur where a person’s use and enjoyment of their land is interfered with by dust, noise, vibration, tree roots, sewerage, odours and water run-off from a neighbouring property. However, claims relating to an interference with privacy or a view will probably not amount to a ...

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    • Item icon Local Nuisance and Litter Control Act
      With the commencement of the Local Nuisance and Litter Control Act 2016 there is now a statutory framework to assist in dealing with litter and certain other nuisances such as unsightly conditions, noise, odour, smoke, dust and animals.

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    • Item icon Recording and reporting local nuisance
      A detailed written record of each specific nuisance should be kept:

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    • Item icon Example letter to other side - Local nuisance under Act
    • Item icon Example letter to council - Local nuisance under Act
    • Item icon Common law of nuisance
      Nuisances not dealt with by the Local Nuisance and Litter Control Act 2016 – lights, surveillance cameras, illegal boarding houses and so on – are covered largely by the common law of nuisance. Those affected by a contravention can apply to the courts for a civil remedy. Proceedings may be ...

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    • Item icon Example letter to other side - Nuisance - Common law remedy
    • Item icon Example letter to other side - Stormwater
  • Folder icon F. Finalising the matter
    • Item icon Letter to client finalising the matter
    • Item icon Example invoice incorporating notification of client's rights - SA
    • Item icon Closing the file
    • Item icon File closing checklist
  • Item icon Comments and suggestions for By Lawyers

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