The Boundary Fence Dispute Essay

1686 words - 7 pages

The Boundary Fence Dispute

Summary of Legal problem

This problem that Alice faces does not seem like a legal problem at
all, but instead a common dispute. Alice has raised the issue about
the boundary fence being in poor condition to her neighbour Boris, and
that she wanted to have it replaced or at least repaired, but Boris
refused to even consider paying his share. This is not just a common
dispute, but indeed a legal problem. Alice shouldn't have to pay the
full price for the repair of a fence which they both share, but
instead the costs should be shared between the both of them. But since
Boris has refused to pay his share of the repair of the fence, a legal
problem has occurred.

Description of various sources of legal assistance available to Alice

In a dispute such as this, there is not much the law can actually do
to solve the problem until all other methods of dealing with the
dispute have been tried out. These methods start off from negotiating
with the neighbour, through to mediation, which is a process that
includes a third party of two mediators to help assist the two parties
to reach an agreement between themselves. Mediation is seen as a
better alternative than taking a dispute to court simply because of
its informality and flexibility. It is less time consuming and less
expensive, which is a great benefit when dealing with minor disputes
such as this fence problem. Mediation is a great way of settling
disputes as it brings both parties on neutral grounds, and lets them
settle the dispute themselves. But if in the rare case that mediation
does not settle the dispute, then the matter is able to be taken to
court. A solicitor is beneficial to find out Alice's rights in the
matter, although it may end up being very costly and may indeed ruin
the relationship between Alice and her neighbour. Once a dispute is
taken to the Magistrates court, a decision will be made by the
magistrate, and thus conclude the matter.

2nd Legal Problem- The Noise Dispute

Summary of legal problem

The problem that Alice faces is the constant barking of her
neighbour's dog Max. Max's constant barking all night long resulted in
Alice not being able to get any sleep, and under section 48A of the
'Environmental Protection Act 1970', it is an offence for a person to
cause or allow "unreasonable" noise to be emitted from residential
premises. Boris is allowing unreasonable noise to affect his fellow
neighbours through Max's constant barking. Dogs that bark endlessly
can be dealt with under the 'Domestic (Federal and Nuisance) Animals
Act 1994' simply because the dog's barking is creating a nuisance that
doesn't have to be tolerated.

It is definitely an unreasonable nuisance that Alice shouldn't have to
put up with, thus making it a problem.

Description of various sources of...

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