Ugly neighbourhood dispute

August 3, 2011, 6:20 pm Lynda Kinkade Today Tonight

Disputes between neighbours take on many forms, in one street, a man has taken an 'artistic' approach to show his feelings.

Lifestyle

It seems that the more Australians are being asked to live closer together, the more we want to live further apart.

Brutal violence, indecent exposure, animal behaviour - neighbourhood disputes turn otherwise reasonable people into law breakers, and law-makers.

Residents of Frogmore Crescent in Melbourne's leafty outer east have been given the finger.

Angry neighbour David Muscat carved out the giant wooden gesture after being dobbed in for illegal tree lopping. He was fined $10,000 for failing to get a building permit, and ordered to pay council costs of more than $5,500.

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He pointed the finger at neighbour John Washbourne.

This neighbourhood dispute got out of hand when Muscat was cleaning leaves and debris from his property with a leaf blower. The dirt and rubbish was blowing across the road and onto the caravan that Washborne was cleaning. The result was Washbourne and his wife Judy being assaulted, with police called in to lay charges

Muscat was charged with head-butting and shoulder-barging, and was fined $700.

“He comes across as being a really friendly, nice bloke, so it was a bit of a surprise,” neighbour Michael Bingley said.

64-year-old Tom Schwerdt and his younger neighbours started fighting early last year. It began over rubbish, and got out of control. Trying to quell a party, Schwerdt sprayed water on his neighbour Susan Normandale, and the spraying ended in a pool of blood.

The Victoria Dispute Settlement Centre is used to seeing the worst of what neighbours have to offer. “The most common complaints we deal with are issues around fences,” the Centre’s Gina Elston said.

That’s followed closely by noise complaints, overhanging trees and barking dogs. The centre hears 400 disputes a week.

Once lawyers become involved the cost of an often a simple argument, skyrockets.

“It’s best to talk to a neighbour first and let them know what the issue is,” Elston said.

Michael Quinn of Quinn Group Lawyers specialises in neighbourhood disputes. He believes the rise in disputes equates to the rise in the number of households that don’t know their neighbour.

“Unlike many years ago, most have never met their neighbours. When a dispute arises, we are in a very litigious world these days - people tend to ring lawyers, and go from there.”

If you do find yourself caught up in the legal system, make sure you know your rights as well as your neighbours. “Unlike most lawyers, we suggest you don’t get a lawyer involved too early. The best way of attacking these sort of disputes is to speak to your neighbour first,” Quinn concluded.

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