How to Avoid and Resolve Conflicts in WA Boundary Disputes

March 17, 2025    propertylawyersperthwide
How to Avoid and Resolve Conflicts in WA Boundary Disputes

With diverse landscapes and active communities, fence disputes Perth are often observed in Western Australia. They can turn ugly quickly. Hence, boundaries become knock-about areas, and land ownership disputes on a small scale cause much stress and financial strain.

 

This blog post will explore the common causes of Neighbor Fence Disputes in WA, best-practice advice on how to avoid them, and what amicable ways to resolve them when they arise.

Understanding the Basics: What is a Boundary Dispute?

A boundary disputes WA occurs when owners of adjacent lands disagree on what is the exact location of the common property boundary. This can happen in many different forms, from how to fence a piece of property and how that is kept to trees and vegetative interference by branches and root intrusion into others’ lands.

 

Also, ownership disputes, according to surveys and deeds, may indicate there are boundary disagreements or arguments regarding the right to cross someone’s property to get to one’s own. Really, any difference over the actual border of where one’s property begins and the next person’s begins is technically a boundary dispute.

Common causes of such issues

Numerous factors can contribute to Fence Disputes in Perth. For instance, unclear or outdated surveys may give a wrong impression of the boundary line. Assumptions and misinformation about where the boundary line is, often on hearsay rather than facts, likewise lead to fights. Ignoring minor issues or failing to communicate with your neighbours may let minor problems fester and turn into major issues.

 

The strength of property owners’ sense of investment in land can make them particularly sensitive to perceived infringement. Finally, differing expectations about acceptable use can create conflict, even where the actual boundary is not in question.

How to avoid them

It often requires proactive steps, advice from a Perth property lawyer, and clear communication to prevent boundary disputes. If you have any doubts regarding your property lines, then investing in a professional land survey is necessary to set up a definite boundary. Communicating with your neighbors on the issues of your fence will help to avoid misunderstandings and create a positive relationship with them.

How to Resolve a Boundary Dispute

Sometimes, despite your best efforts, issues still arise. In such situations, here is what you can do:

  • Talk to your neighbour: First, have a calm and respectful conversation with your neighbour. Try to understand their perspective and explain your concerns.
  • Review property documents: Carefully examine your property title, survey, and any other relevant documents. This will help you determine the legal boundary.
  • Seek professional advice: you can take the help of Fencing Dispute lawyers Perth in such cases.
  • Mediation: This is a less costly and confrontational means of resolving disputes rather than taking a case to court. A mediator or Perth property lawyers can assist in finding a mutually acceptable solution to the issues with your neighbour.
  • Formal Dispute Resolution: If mediation doesn’t succeed, you might need to involve formal dispute resolution procedures, likely to be undertaken through the courts or SAT in WA. Very expensive and lengthy.
  • Fence Notices: There are particular WA processes that attend to fencing disputes and may themselves encompass formal notice processes. Take a look at the legislation with the help of Fencing Dispute lawyers as applicable to your matter.

Essential Legislation in WA

The Dividing Fences Act 1961 governs fencing disputes in Western Australia. The Act describes the responsibilities of neighbours in setting up and maintaining dividing fences. Therefore, it is essential to be aware of this Act.

How effective communication can help

  • Listen: Attend to what your neighbour is saying and attempt to see his/her side of things.
  • Be respectful: Even if you disagree, speak in a respectful tone and avoid personal attacks.
  • Fact-based argument: It is based on fact rather than assumption or generalization.
  • Will to compromise: Both parties usually have to give in to one or the other to reach an agreement most of the time.

Conclusion

Boundary disputes can be complicated but do not have to be detrimental to neighbourly relationships. Knowing common causes of such issues, taking preventive measures, etc., can reduce the risk of potential conflict. You can get help from experts to find an amicable resolution when the dispute arises. Whenever needed, seek professional advice from property lawyers in Perth WA.

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