Residential Property Disputes

If your neighbours are threatening you, your family or your property, then mediation may not be appropriate. Instead, you may be able to apply for a “peace and good behaviour order”.

This type of order can be made by the Magistrates Court and will prevent someone from doing anything that may threaten you or your family. It is important to note that a peace and good behaviour order does not cover situations involving harassment or verbal abuse, but rather applies to more serious conduct, such as where your neighbour is threatening or attempting assault or causing property damage.

If at any point, you fear for your or your family’s immediate safety due to the behaviour of a neighbour or anyone else, you should call 000.

A litigation lawyer may be able to help obtain a court order to help prevent ongoing threats.

The cheapest (and often easiest and quickest) way to resolve any type of dispute that you may have with your neighbour is to communicate with them. In some circumstances, your neighbour might not even know that the problem exists, and by civilly addressing the issue, you may be able to resolve it amicably without escalation and maintain a respectful relationship with your neighbour.

Being on good terms with your neighbour and talking to them before doing things, such as erecting a dividing fence or chopping branches off their tree and sending them the bill, can avoid potential disputes altogether.

However, if your neighbour is aware of the issue and is unwilling to work with you, we can offer legal advice, negotiate on your behalf, and help you gain relief from a court or tribunal if necessary.

We can negotiate with your neighbour and, if necessary, obtain expert evidence to determine the boundary of your land. Our approach typically starts with engaging in mediation, with the capability to instigate (or defend) court intervention to resolve the boundary dispute.

You may have grounds for a breach of contract claim or negligence against your building inspector, depending on the situation. Whilst you do have some obligations as a buyer to beware of the state of the property, most buyers are not experts in building, and rely on others to disclose defects or potential issues. We can explore your options, including mediation or pursuing legal action if necessary.

Yes, a caveat can be lodged on the property title to protect your interest. We can assist you in preparing and lodging a caveat, but it’s essential to have a valid  interest in the property, otherwise you may be liable for damages that are caused because of the caveat being placed on the property.

You may have a negligence claim against the building inspector. We can help you gather evidence of the inspector’s oversight and guide you through the process of seeking compensation.

We can review the contract to determine the nature of the breach and explore options, such as negotiating with the seller, seeking specific performance, or pursuing damages for any financial losses incurred due to the breach.

We can assess the situation and explore legal remedies, such as requesting the neighbour to trim the tree, negotiating an easement, or, if necessary, seeking a QCAT order to address the encroachment.

In some cases, it’s possible to recover legal costs, but it depends on the specific circumstances. Most litigation in Queensland courts have costs orders, but often QCAT (Queensland’s small claim’s tribunal) does not. Call us to discuss your matter, and ask about potentially recovering some or all of your legal costs.