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A member asked over 9 years ago

Neighbour dispute

Do I have a legal right to compel my neighbour to keep his/her front and back yards in regular upkeep?

Property & Planning Law VIC AU
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Law Advisor Research Team
Law Advisor Research Team
Researchers at LawAdvisor
Hi there. In Victoria, rules relating to private property are generally governed by your local council. Councils have the power to make ‘local laws’ about a wide range of matters, including property maintenance. People who live within the council’s catchment area must comply with these local laws, otherwise they risk receiving a penalty, such as a fine.
As a general rule, property owners and residents are responsible for the upkeep of their property. Typically, local councils have a local law that requires property owners to ensure their land does not fall into a condition that is detrimental to the general character of the neighbourhood. Property owners are also usually required to keep their property free of any items that may be deemed unsightly or detrimental to the amenity of the neighbourhood.

Suggested way forward

The precise nature of the local laws that apply to your neighbour’s property will depend on what council’s jurisdiction you fall under. You will need to contact your local council for more information about their local laws.

You can also speak to your local council about the concerns you have over your neighbour’s yard. The council may decide to investigate the matter. Alternatively, you may want to deal directly with your neighbour. The Dispute Settlement Centre of Victoria (www.disputes.vic.gov.au) offers advice on how to resolve neighbourhood disputes and free dispute resolution services to all Victorians.

If you want more detailed advice about your legal rights and how you can enforce them, you should consider speaking to a lawyer. By pressing the “Take Action” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 9 years ago   Legal disclaimer

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