Neighbour disputes: build a clear brief before seeking help

01 / Practical step

Define one issue at a time

Write a short description of each concern and what you would like to clarify. “Noise on these dates” is easier to assess than “the neighbour is always unreasonable”. If the dispute involves a fence, explain whether the concern is location, condition, proposed work or contribution to cost. Keep assumptions about ownership or responsibility separate from documents that establish them. Ask the adviser which issues belong together and which may require a different source of help.

02 / Practical step

Keep a factual record

Record dates, what you directly observed and any response. Preserve correspondence and photographs already lawfully obtained without editing the originals. Do not trespass, interfere with property or use intrusive recording to improve a brief. Ask the adviser what evidence is relevant and how it should be collected. Where a plan, quote or notice is involved, include the complete document and mark any uncertainty about its date or source.

03 / Practical step

Explain previous contact and safety concerns

Show what has already been said or sent, including communications you regret or disagree with. Tell the adviser about threats, restrictions on contact or existing orders before considering another approach. Direct discussion and mediation are not appropriate in every situation. Legal Aid NSW’s neighbour information is a NSW starting point; it does not establish the process in another state. If there is immediate danger, contact emergency services rather than waiting for a directory enquiry.

04 / Practical step

Distinguish advice from representation

Ask whether the proposed service includes reviewing documents, explaining options, drafting correspondence, helping with mediation or representing you in a proceeding. A lawyer, council, surveyor or mediation service may address different parts of the problem. Ask who is qualified to answer the unresolved question and whether another professional’s work is needed. Avoid comparing the cost of one advice meeting with a proposal that includes ongoing correspondence.

05 / Practical step

Illustrative example: replacing a fence

Two neighbours disagree about a proposed replacement. One person gathers the quotes, photographs and messages, and writes down whether the disagreement concerns location, design or payment. They ask the lawyer what further information is needed before authorising work or sending a notice. This invented example deliberately leaves the legal answer open. The useful output is a clearer enquiry and an agreed next step, not a conclusion about who must pay.

• Property location and your relationship to it
• Dated event list and relevant messages
• Plans, quotes or notices already received
• Questions about the outcome and suitable assistance

06 / Practical step

Separate the preferred outcome from the legal question

Write down what would practically address your concern: information about a boundary, a discussion of work, reduced disruption or clarity about costs. Then ask which outcomes can be assessed through the proposed service. A preferred outcome is not necessarily an enforceable entitlement. Keeping the two separate helps the adviser discuss proportionate options and helps you compare an advice appointment with mediation support or formal representation.