Neighbours often have trouble for a range of reasons, and the way a common fence is set up is a common problem. But before you decide to go down the road of suing your neighbour and ruining that relationship forever, take the time to consider whether it absolutely makes sense in your particular circumstance. Before any litigation process, consider these factors when you have a fencing dispute with your neighbour.
Do You Have Enough Reason To Take The Matter To Court?
Disputes between neighbours are often sparked by long-standing issues and misunderstandings. Have you tried to talk to your neighbour and resolve the problem at the start? Often, a reasonable discussion with your neighbour may help solve the dispute without you having to take the legal route. You will also need to have a good case if you intend to file a lawsuit, so make sure you have enough reason and have tried to talk to your neighbour several times about the fencing issue without success before you take the matter to court.
Can You Settle The Matter Out Of Court?
Before you go to court, can you think of a better way to settle it? You may be able to get through to your neighbour through mediation without having to actually sue him or her. This might be a good choice if you intend to live there for several years and don't want considerable bad blood between you two. Court cases not only take up time and money, but they can also be emotionally draining for every party involved. A mediator may be able to act as an impartial party to help both of you find a solution to your fencing issue. For example, in case of a colour dispute or wrongful fence placement, perhaps the impartial party could invoke certain laws that could help solve the issue without any further discussion needed.
Are You Aware Of Your Neighbour's Financial State?
If you intend to sue your neighbour for a certain sum of money owing to a long-standing fencing dispute, you need to know his or her financial state. You need to be realistic because if your neighbour cannot afford a hefty payout, chances are you won't get one and the litigation process would end up being a waste of your time. It may be worth looking into your neighbour's financial circumstances before you decide to take him or her to court.
Suing a neighbour can be stressful so make sure it is actually worth it in the end.
Share23 May 2018
I love watching legal dramas from all different countries. I often call up my friend who is a lawyer to ask her about whether the cases I have seen on the latest drama are realistic or if they wouldn't happen that way in Australia. It's so interesting to me to see the changes that they make to make the stories flow more convincingly as well as the differences between the law in Australian compared to other countries. This blog is for other fans of legal dramas like me and has some tips on the best places to get real legal advice (hint, it's not on the TV!).