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Property disputes can arise between neighbours over trees, easements, fencing or retaining walls; between co-owners of shared property; in relation to off-the-plan purchases and strata; during construction work; and following the breakdown of a marriage or de facto relationship. Brander Smith McKnight advises on the legislation and dispute resolution options relevant to each category.
Property Dispute Lawyers Sydney
Property disputes can arise in a variety of contexts and in relation to various kinds of property. This determines both the applicable legislation and the avenues available to resolve a property dispute. The highly experienced property dispute lawyers at Brander Smith McKnight can help you to resolve your property dispute.
It is helpful to group the different types of property disputes in the following categories:
- Neighbourhood property disputes which includes disputes over trees, easements, fencing and retaining walls.
- Property disputes between individuals who have shared or c0-owned property, for example forced sale.
- Property disputes concerning off the plan purchases and strata
- Construction work property disputes such as easements, encroachment and access for workers
- Family property disputes following the breakdown of a marriage or de facto relationship. This is examined in the Family and Divorce Lawyers page.
The lawyers at BSM Law are able to help you with all of these categories. This page briefly covers each of these five areas of property dispute and how we can assist.
Call us to arrange a free 20 minute no obligation consultation that includes case evaluation and cost estimate.
Recent Successful Results in Neighbour Disputes by BSM Lawyers
Neighbourhood Noise Dispute Resolved without Contested Hearing (2025)
Brander Smith McKnight lawyers assisted a client in resolving a neighbourhood dispute involving persistent dog barking which was significantly affecting the quiet enjoyment of her home in the Sutherland Shire. The ongoing noise disturbances caused stress and disruption to both our client and her daughter, and attempts to resolve the issue directly with the neighbour had unfortunately been unsuccessful. The matter involved issues of offensive noise under the Protection of the Environment Operations Act 1997 (NSW), specifically whether the barking unreasonably interfered with our client’s comfort and daily life. As the problem continued, our client filed an application for a Noise Abatement Order in the Sutherland Local Court.
Our lawyers reviewed the evidence, preparing correspondence to the neighbour outlining the concerns, and advising our client on the legal options available. We worked to negotiate a practical resolution between the parties and assisted in drafting an agreement aimed at addressing the noise concerns and avoiding further escalation of the dispute. As a result of these negotiations, the matter was resolved without the need for a contested court hearing, and the proceedings were ultimately withdrawn.
This outcome allowed our client to restore peace and quiet in her home, resolving the dispute efficiently while avoiding the time, stress and cost associated with prolonged litigation.
$25,000 Settlement Achieved in Neighbourhood Harassment Dispute (2025)
Our client approached Brander Smith McKnight lawyers following an escalating neighbourhood dispute involving persistent harassment and disruptive behaviour by a neighbouring property owner. The issues included repeated loud music being played near the shared boundary, banging on the fence, unauthorised trimming of hedges and interference with tradespeople attending the property. The conduct was causing significant distress to our client and his family and was interfering with their quiet enjoyment of their home.
We initially advised our client to attempt to resolve the matter through mediation via the Community Justice Centre, however the neighbour declined to participate despite multiple invitations. In light of the continued behaviour, our office issued formal cease and desist correspondence and began preparing evidence to support further legal action.
When the conduct continued, we commenced proceedings in the Local Court seeking a Noise Abatement Order. Our experienced lawyers prepared the necessary affidavits and supporting material to demonstrate that the conduct amounted to offensive noise and nuisance. The court ultimately granted a Noise Abatement Order in favour of our client, providing legal protection from further disruptive conduct. The court also ordered the neighbour to pay our client’s legal costs.
Following the court order, the neighbour commenced an appeal to the Land and Environment Court. Through continued negotiations, our office successfully reached a comprehensive settlement between the parties, which was formalised through a Deed of Settlement. The agreement required the neighbour to pay our client a settlement sum of $25,000.00, while the Noise Abatement Order remained in force to protect our client going forward.
The matter was resolved on terms favourable to our client, with all proceedings discontinued and strong enforcement provisions included in the settlement agreement. This outcome provided our client with both financial compensation and ongoing protection, allowing him and his family to move forward with peace of mind.
1. Neighbourhood Property Disputes
There are many issues between neighbours that create the basis for a neighbourhood property dispute. As a result of this there are multiple pieces of legislation relevant to different problems. BSM law firm Sydney are able to provide expert and detailed advice on these areas of legislation, which include:
Disputes over Trees
Trees and hedges can be the cause of disputes between neighbours. Neighbours can unfortunately sometimes use trees as a means of antagonising their neighbour. Common causes for tree and hedge disputes include where a neighbour’s tree or hedge obstruct a neighbour’s view or sunlight, cause property damage or threaten people’s safety. In NSW, disputes between neighbours relating to trees and hedges are governed by the Trees (Disputes between Neighbours) Act 2006 (NSW). The effected neighbour may apply to the court for an order to have the trees trimmed or removed to remedy the obstruction. Prior to this act, neighbourhood disputes relating to trees were resolved under common law principles of trespass, negligence and nuisance.
Disputes over the granting of Easements
An easement is a right attached to a piece of land which bestows upon the owner or occupant rights over another piece of land. The rights conferred by easements common. Commonly this right interferes with the normal rights of the owner or occupier of the other piece of land. An example of an easement is a shared driveway which allows residents access to their homes by crossing the property of their neighbours. The Conveyancing Act, Section 88k 1919 (NSW) allows that a property owner can be forced to provide an easement to their neighbour if it is reasonably necessary for effective development. An example of this would be the granting of an easement for the laying power cables to the neighbour.
Disputes over Fencing
Fencing disputes in NSW are governed under the Dividing Fences Act 1991 (NSW). Under the act, a dividing fence is defined as “a fence separating the land of adjoining owners, whether on the common boundary of adjoining lands or on a line other than the common boundary”. The legislation provides an effective framework to resolve disputes. For instance, it defines the responsibility of property owners in contributing to the construction or maintenance of a dividing fence.
Disputes over Retaining Walls
Retaining wall structures have the principal function of holding up the ground in a structurally satisfactory manner. In some instances, retaining walls are considered to be fences and neighbour disputes are covered by the Dividing Fences Act 1991 (NSW). For example, a retaining wall may be considered a dividing fence where it functionally supports a fences fence posts. On the other hand property disputes regarding defects, construction and maintenance of retaining walls are governed by the Home Building Act 1989 (NSW) and the Environmental Planning and Assessment Act 1979 (NSW). For more informative, please see our interesting article on Liability for Deteriorating Retaining Walls.
Call us to arrange a free 20 minute no obligation consultation that includes case evaluation and cost estimate.
Disputes when there is an accusation of Nuisance
Nuisance in relation to neighbourhood disputes refers to when there is an interference with the use and enjoyment of land. For example, a nuisance may occur when someone has caused persistent and excessive noise that impacts a neighbour. Some legal remedies available in a nuisance claim includes damages and an injunction.
Disputes when there is an accusation of Trespass
Trespass in the context of neighbourhood property disputes refers to the interference of another person’s property without any legal justification. For example, trespass may occur where a person is using part of a neighbour’s property as a thoroughfare. Some legal remedies that may be available in a trespass claim include damages and injunctions. In addition, there are various statutory penalties that apply when people trespass upon other people’s land. For instance, the Inclosed Lands Protection Act 1901 (NSW) applies to a person entering land which is wholly or partly surrounded by a fence, wall or other erection
Encroachment of Buildings
Encroachment is the crossing over or intrusion onto a neighbour’s land by a building or structure. This may be either above or below the ground. The relevant legislation that deals with this is the Encroachment of Buildings Act 1922 (NSW). Possible solutions to this dispute may include compensation, the transfer or granting of land right to the encroaching owner and the removal of the encroachment.
BSM Law and Neighbourhood Property Disputes
The property dispute lawyers at BSM are very knowledgeable and have extensive experience with neighbourhood property disputes. Our lawyers are expert negotiators and pride themselves on providing a premium service that will save you money and time. The overwhelming majority of our disputes are settled with negotiation with the opposing lawyer or client. For an overview of neighbour disputes please see our informative article.
Knowledge of Relevant Legislation
The property dispute legal team at BSM law firm Sydney can outline the various pieces of legislation relevant to the dispute and advise you of your legal rights and obligations. As discussed above, examples of this include Dividing Fences Act 1961 (NSW), Conveyancing Act 1919 (NSW) and Trees (Disputes between Neighbours) Act 2006 (NSW). Our property lawyers will interpret the sometimes difficult to understand legislation and effectively advocate for you.
The use of Alternative Dispute Resolution techniques
The BSM property dispute lawyers are able to settle most property disputes by negotiation. This involves listening and then carefully developing a negotiating strategy best suited to your dispute. The method of negotiation may involve correspondence, providing offers of settlement or meetings which may include lawyers and clients.
Other alternative dispute resolution options are mediation and conciliation where an independent person, called a mediator or conciliator respectively, facilitates discussion between disputing parties. A conciliator plays a more advisory role than a mediator and both are unable to make a legally binding decision to resolve the property dispute. Another alternative dispute resolution option is arbitration. In this process the disputing parties present their position and an independent neutral decision maker, known as the arbitrator can make a legally binding and enforceable decision.
BSM property lawyers Sydney can advise you of the most appropriate option, prepare for the process and represent you during the process
Litigation
Litigation refers to the process of resolving a dispute in court. During litigation both parties to the dispute will argue their case before an impartial judge. BSM’s property dispute lawyers are able to represent you and argue effectively without the additional expense of a barrister. Even during litigation, our property solicitors remain committed to resolving your dispute as early as possible, saving you money and time. They will conduct ongoing negotiation, making formal offers of compromise and interlocutory applications to court. Interlocutory applications are applications made during the proceedings to gain a tactical advantage.
2. Property Disputes with Shared & Co-Owned Property
Recent Successes by BSM
Co-Owned Property Dispute Resolved through Negotiation (2025)
Brander Smith McKnight lawyers resolved a dispute between co owners of a residential property in New South Wales. The property had been purchased jointly with family members under an informal arrangement that contemplated the property being sold after a period of time and the proceeds divided in accordance with an agreed formula. Over time, disagreements arose regarding the sale of the property, division of proceeds, access to the property and the enforceability of the earlier verbal arrangements. The situation became increasingly contentious and carried the risk of litigation, including the potential need for court proceedings seeking a statutory trust for sale under the Conveyancing Act 1919 (NSW).
Our property dispute lawyers provided detailed advice regarding the rights and obligations of co owners, the legal implications of informal agreements and the options available to resolve the dispute. We prepared formal correspondence setting out our clients’ position and engaged in negotiations with the other parties to reach a practical resolution. Through these negotiations, the parties were able to reach agreement without the need for court proceedings. Our legal team then prepared and finalised a Deed of Settlement and Release, which clearly documented the agreed terms for the sale of the property, division of proceeds and mutual releases between the parties.
This outcome allowed the dispute to be resolved efficiently and without litigation, providing certainty for all parties and enabling the property to be dealt with in accordance with the negotiated agreement.
Property Co-Owned as Tenants in Common (2025)
Our client co-owned property with family members, as tenants in common. A dispute arose regarding the sale of the house, as one party did not want to action a sale and was living at the property – and the other parties privy to the ownership including our client wished to sell the property or their share of it. The experienced property dispute lawyers at Brander Smith McKnight offered strategic legal advice to our client who ultimately sought the forced sale of the property. Through negotiations, offers and discussions of section 66G applications, the clients managed to secure their equity in the property without progressing to legal proceedings with family members.
Forced Sale
Family members, friends and business associates often own property together. Sometimes one party would like to sell the jointly owned property and their co-owners refuse to sell.
The legislation stipulates that any person who owns any proportion of real property, (that is residential and commercial property), is entitled to force the sale of that property. Where agreement for sale cannot be achieved that person has a right to make an application to the Supreme Court, pursuant to Section 66G of the Conveyancing Act 1919 (NSW) for the court to order a sale of the entire property. For further information on co-ownership property disputes, please see our article on Section 66G : How Property Disputes are Resolved.
In the vast majority of cases, these matters are resolved without the need for an application to court. The property solicitors at Brander Smith McKnight can write to the co-owners explaining the rights of the owner wishing to sell. This generally results in the co-owners agreeing to sell. Furthermore, we can document that agreement to sell in the form of a deed to ensure that the owner who wants to sell can efficiently enforce that agreement.
If however the co-owners refuse, the Supreme Court can make an order to sell the property. The court will then appoint trustees of the property, who are independent of the owners, and the property is placed in their control for the purpose of selling the property. This is described as a trust for sale.
3. Property Disputes involving Off the Plan Purchases and Strata
Recent Successes by BSM
Success in NCAT for a Developer vs Strata (2025)
Our client, a developer, was defending orders sought by an owner’s corporation, for work or services approximating $100,000 to the strata owned property, and a replacement of all rusted air conditioning units with new weather protection shelters. The expert property dispute lawyers at BSM offered strategic and persuasive representation throughout NCAT proceedings and broke down the complexities of the case that involved complicated strata law. The matter was decided in favour of our client, leading to the withdrawal of applications from the owner’s corporation, and the complete release of claims in relation to our client.
Success in NCAT for Strata Common Property Dispute (2025)
Our client was charged by the strata committee for contravening strata by-laws by undertaking work on common property. The owners corporation sought orders for the removal of the unapproved renovations A dispute arose over whether verbal or agent approval was sufficient for these works, and whether the owner’s corporation’s approval process was followed. The matter proceeded to conciliation at NCAT, and the client sought measured and accurate legal advice to clarify their legal position. The experienced property dispute lawyers at BSM argued professionally and persuasively at NCAT and achieved a favourable outcome for our client.
Success in NCAT for Water Ingress Property Dispute with Strata (2025)
Our client purchased a rental property which was shortly after significantly impacted by contaminated water ingress. Investigations uncovered that the source of the flooding was due to a blockage in the main waste line located in the basement. Strata management claimed that the blockage had been treated 6 months prior. The apartment was forced to be withdrawn from the rental market and our client lost substantial earnings from this incident. The highly experienced property dispute lawyers successfully argued for and secured lost rent as well as remedial costs for our client which totalled to over $100,000. All crossclaims from the strata corporation were successfully defended and dismissed, resulting in a fair, just and optimal outcome for our client.
Property Law and Purchasing Off the Plan.
An ‘off the plan’ property involves the purchase of a property that is planned, but not yet built. Disputes commonly arise in relation to these purchases and it is essential to have good legal advice prior to signing any contracts. For example, a developer or builder has the right to modify the design of the building within certain parameters. These parameters should be clearly defined and understood by the buyer. Sunset clauses commonly cause property disputes. These allow either party to terminate a contract when a building doesn’t reach practical completion by the sunset date. This may seem fair, however in a market where prices are increasing this creates an incentive for the developer to delay the project and terminate the contract. For more information on off the plan purchases, please see our informative article. The property dispute lawyers have extensive experience in this area and are able to help you with off the plan property disputes through:
Legal Advice prior to signing
Our property dispute lawyers can explain the advantages and disadvantages of this purchase method. They will explain the rights and obligations conferred by the purchase contract and identify additional clauses and terms of concern. They will discuss important considerations such as:
- What is the cooling off period
- Is there a sunset clause and what are the implications of this
- What are the parameters for design modification
- Can costs be adjusted
- Are there clauses for dispute resolution
- What are the consequences for withdrawal from the contract
Legal Advice after signing
Our property solicitors can suggest legal remedies such as enforcing contractual rights and obligations, injunctions, specific rectification and compensatory damages. We can review statutory warranties that compel builders to carry out building work with a proper level of care and skill and commence proceedings for any breaches.
Alternative Dispute Resolution
The property dispute lawyers at BSM are committed to providing the most cost effective and professional advice. The overwhelming majority of our off the plan property disputes are resolved by our lawyer’s expert and fierce negotiation. We also provide advice and advocate for you in other alternative dispute resolution processes such as mediation, conciliation and arbitration.
4. Construction Work Property Disputes
Construction work often results in property disputes with adjoining properties. These disputes may arise because, for example, the construction work requires an easement for utilities or the works encroach on an adjoining property or workers require access through a neighbour’s property. For further information please see our dedicated article on home building and construction disputes. Brander Smith McKnight has a highly experienced and well respected team of construction lawyers who specialise in construction work disputes. Some common construction work property disputes are:
Easements
Where construction requires an easement for utilities through an adjoining property, the Supreme Court has the power pursuant to Section 88K of the Conveyancing Act 1919 (NSW) to create such an easement. The court may this order “if the easement is reasonably necessary for the effective use or development” of the land. The court must be satisfied with a number of things including that all reasonable attempts have been made by the applicant to reach an agreement and that the easement will not be “inconsistent with the public agreement”. The court will also make orders to compensate the owner of the land for the detriment imposed by the easement.
In the vast majority of cases, these matters are resolved without the need for an application to court. BSM property solicitors can write to the owners of the adjoining property explaining the rights of the property owner to obtain an easement. This generally results in the neighbour agreeing to provide an easement and the land owner agreeing to compensate for this access. Furthermore, we can document this agreement.
Access for Workers
A person who for the purpose of carrying out construction on their land requires access through adjoining land may make an application to the local court for a neighbouring land access order. These applications are made pursuant to the Access to Neighbouring Act 2000 (NSW). The builder is able to make this application on behalf of the property owner. These matters can generally be resolved by agreement without an application to the court and the BSM property lawyers can draft and prepare a licence agreement to formalise the arrangement between the property owners. Such a licence includes clauses regarding safety measures, minimising inconvenience, insurance cover and ‘making good’ and any compensation.
Encroachment
Buildings must never encroach upon a neighbour’s land. Where building work results in a portion of the building encroaching on a neighbour’s land, they have the right to make an application to the Supreme Court, pursuant to the Encroachment of Buildings Act 1922 (NSW). This is a serious matter and the Court has the power to make orders with serious consequences, including the removal of the encroachment or the payment of compensation.
5. Family Law Property Disputes
Property disputes commonly arise during the division of property following the breakdown of a marriage or de facto relationship. The family law team at BSM law firm Sydney are very proud of their record of settling over 95% of our family matters and divorces without going to court. This obviously saves our clients time, money and stress.
Generally, property disputes in family law should be resolved in a manner which is just and equitable. Section 79(2) of the Family Law Act 1975 (Cth) provides that the court may make orders regarding property distribution that are just and equitable. In other words, the court does not have the power to make an order to distribute property unless it considers it to be a fair distribution in accordance with the Family Law Act 1975 (Cth). It is important that you seek legal advice in a timely manner as there are time limits that may apply to the resolution of property disputes in family law. There are some helpful articles on family law in our articles section. Our family lawyers can assist you with property disputes that occur during the breakdown of a marriage or de-facto relationship.
How can BSM Sydney Lawyers assist you with Property Disputes?
Our experienced property dispute lawyers will achieve results for you. Our lawyers will:
- Mitigate the potential for property disputes by both drafting and reviewing your property contract prior to signing. If there is a problem, our lawyers are able to firstly explain the issue in simple, easy to understand terms and then proceed to negotiate to have the contract amended.
- Advise of legislation relevant to your property dispute
- Explain alternative dispute resolution options that are available
- Professionally and effectively represent you during alternative dispute resolution processes
- Fiercely advocate for you during all negotiations and at all levels of courts and tribunals
- Our property dispute lawyers provide a free 20 minute consultation
Call us to arrange a free 20 minute no obligation consultation that includes case evaluation and cost estimate.
FAQs
What is alternative dispute resolution?
Alternative dispute resolution refers to the process of resolving disputes between parties outside of the courts system. In the context of property disputes, alternative dispute resolution is used to avoid the time, costs, and stress of litigation. It includes the processes of negotiation, conciliation, mediation and arbitration between the parties.
Do I need a property dispute lawyer to help me with a property dispute?
No, however you should consider seeking the help of a lawyer. A property dispute lawyer can explain your legal rights under the relevant legislation and advise of the dispute resolution options that are available and pertinent. They can professionally and assertively advocate for you at all levels of these processes.
What is a binding financial agreement?
A binding financial agreement is an agreement that is entered into between a married or de facto couple. A binding financial agreement, otherwise known as a pre-nuptial agreement, can determine how property and financial resources of either party to the relationship will be distributed if the relationship breaks down. They can be an effective way to avoid property disputes following the breakdown of a relationship. For further information see our dedicated article on BFAs.
What is an easement?
Easements are registered interests on land that grant specific rights to parties who do not own the land to use it for a particular purpose. A common example of an easement is where a landowner has the right to access their property thorough the use of a shared driveway. A property solicitor can identify whether any easements exist in relation to a property and assist in creating an easement. Easements may need to be created during construction work and your rights and obligations are covered in section 88K of the Conveyancing Act 1919 (NSW.)
Can one person force a co-owner of a property to sell against their wishes?
Yes, where property is owned jointly and one person wishes to sell, they can force a co-owner to sell. This is called a forced sale and is legislated in s66G of the Conveyancing Act.
What is a statutory warranty?
Section 18B of the Home Building Act 1989 (NSW) outlines various warranties that are implied in all contracts for the completion of residential building work, these are referred to as statutory warranties. Statutory warranties relate to factors such as the quality of work completed, obligations to complete work with due diligence and within reasonable time. There are also various provisions within the Home Building Act 1989 (NSW) that must be complied with when commencing proceedings for the breach of a statutory warranty.
What is zoning?
Zoning refers to the process of defining the ways a piece of land can be used. Zoning contributes to the ability to legally build developments on certain pieces of land. Zoning is common in planning schemes which define the acceptability of certain developments.
Can a property dispute lawyer assist me in disputing a development application?
Yes, a property dispute lawyer can provide advice in relation to the options and processes for disputing a development application. In addition, a property lawyer can assist you in the process of disputing the application.
Do BSM deal with property disputes between landlords and tenants?
Yes, the property dispute team at BSM lawyer Sydney can assist by providing legal advice and representation in relation to legislative rights and dispute resolution. Please see our article on property disputes in tenancy
What is an injunction?
In simple terms, an injunction is a court order that legally compels someone to do or not do something. An injunction is a legal remedy that may be available in a property dispute.
What is the Land and Environment Court?
The Land and Environment Court is a court that specialises in environmental and planning matters, such as development applications. In the context of property disputes, the court assists in resolving both building and planning disputes.
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Level 57 25 Martin Place Sydney NSW 2000
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Suite 2/9 15 East Parade Sutherland NSW 2232
Parramatta
Level 14, Suite 2/3 Parramatta Square Macquarie Street Parramatta NSW 2150
Wollongong
Level 1, Suite 1 90 Market Street Wollongong NSW 2500
Shellharbour
Unit V20, Shop 1 4 Benson Avenue Shellharbour City Centre NSW 2529
Suite 2/9 15 East Parade Sutherland NSW 2232
Level 57 25 Martin Place Sydney NSW 2000
Level 14, Suite 2/3 Parramatta Square Macquarie Street Parramatta NSW 2150
Level 1, Suite 1 90 Market Street Wollongong NSW 2500
Unit V20, Shop 1 4 Benson Avenue Shellharbour City Centre NSW 2529
Your Property Disputes Team
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