Neighbours. You probably have them. And while many of us enjoy friendly chats over the fence or the odd borrowed cup of sugar, things can sour quickly when a disagreement arises.
According to Corban Revell Associate Lawyer Craig Orton, the most common neighbourhood disputes centre around boundaries and trees, and can intensify rapidly if not handled with care.
“One of the worst things about neighbourhood disputes,” Craig says, “is that unlike other conflicts, you can’t easily walk away. You live next door. That’s why I always say let cool heads prevail if you can.
“In some cases, these conflicts can be worse than a marriage breakdown. Many wars are between neighbouring countries!”
Fences, Trees, and Tensions
Boundary disputes are one of the most frequent sources of tension. A fence goes up, but doesn’t quite line up with the legal boundary. Or someone starts building across a shared driveway or, worse, on their neighbour’s property. What starts as a minor misunderstanding snowballs into a full-blown legal dispute.
“We see cases where a fence is built incorrectly, and it all turns to custard,” Craig explains. “I’ve seen a lot of these kinds of disputes in my 30-odd years of practice. What may seem like a small issue can turn into a much bigger problem if not addressed early.”
Trees are another common trigger. Overhanging branches, roots damaging driveways, blocked sunlight, and each can lead to heated arguments, particularly when communication between neighbours breaks down.
“Sometimes people feel their property is being affected without their consent, and that can be very upsetting. But it’s often the reaction, not the issue itself, that causes the most lasting damage to neighbourly relationships.”
Then there are cross-lease properties, where the potential for disagreement increases. “If you want to make changes on a cross-lease, you need consent from the other party,” Craig says. “The law is clear that consent can’t be unreasonably withheld. But what’s considered ‘reasonable’ can vary a lot between neighbours, and that’s where we see things start to go sideways.”
Talk First, Then Act
While some issues may seem straightforward, Craig says it’s important not to underestimate the emotional weight these disputes can carry.
“Before jumping into legal action, ask yourself: can we sort this out over a coffee? Sometimes a calm conversation and a bit of compromise can save you months of stress and significant legal costs.”
He encourages homeowners to stay grounded, even when things feel personal. “It’s easy to react emotionally when you feel someone is encroaching on your property or not respecting your space. But remember, you still have to live next to this person.
“Often, disputes drag on because both parties dig in too deeply, too soon. Taking a breath and finding common ground early can prevent long-term disputes.”
When to Seek Legal Support
That said, not every neighbourly conflict can be resolved over a cup of tea. If attempts to talk fail, particularly where property rights or access are involved, it’s best to seek legal advice before things get worse.
“Missteps early on can be costly and difficult to undo,” Craig warns. “Even just understanding your position before things escalate can give you options and confidence. You don’t have to go in guns blazing, but it helps to know what you’re legally entitled to.”
He adds that early legal advice can also help frame discussions with your neighbour more constructively, giving you clarity around what’s reasonable and what’s not.
At the end of the day, whether it’s a shared fence, a problematic tree, or a tricky cross-lease arrangement, knowing your rights and acting on them with care can make all the difference.
“Most people don’t want a war with their neighbour,” Craig says. “They just want things to be fair. Our job is to help make that happen, ideally before things end up in court.”
Need guidance on a neighbourhood dispute?
Contact Craig Orton or Rafi Sarker.