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Answered in 5 minutes by:
6/26/2017
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 36,970
Experience: Family Law, Commercial Law, Property law, Probate & Wills, Employment Law, International Law, Criminal and Traffic Law, Litigation Tribunal & Courts
VerifiedDear Customer, your question relates to the leasing of a property you own.
Where the neighbours are causing a disturbance that is not trespass, but which is unreasonable to an adjoining neighbour, there may be a claim of public nuisance. If the disturbance that your property is experiencing in not unreasonable in the total circumstance of the matter, then a claim of public nuisance will not apply.
The other alternative is to attempt further mediation with the neighbouring property owner.
Kind regards *****
Dear Customer, the definition of Public Nuisance is as follows in Queensland:
Summary Offences Act 2005 - SECT 6 (Qld)
6 Public nuisance 6 Public nuisance
(1) A person must not commit a public nuisance offence.
Maximum penalty—
(a) if the person commits a public nuisance offence within licensed premises, or in the vicinity of licensed premises—25 penalty units or 6 months imprisonment; or
(b) otherwise—10 penalty units or 6 months imprisonment.
(2) A person commits a public nuisance offence if—
(a) the person behaves in—
(i) a disorderly way; or
(ii) an offensive way; or
(iii) a threatening way; or
(iv) a violent way; and
(b) the person's behaviour interferes, or is likely to interfere, with the peaceful passage through, or enjoyment of, a public place by a member of the public.
(3) Without limiting subsection (2)—
(a) a person behaves in an offensive way if the person uses offensive, obscene, indecent or abusive language; and
(b) a person behaves in a threatening way if the person uses threatening language.
(4) It is not necessary for a person to make a complaint about the behaviour of another person before a police officer may start a proceeding against the person for a public nuisance offence.
(5) Also, in a proceeding for a public nuisance offence, more than 1 matter mentioned in subsection (2)(a) may be relied on to prove a single public nuisance offence.
I recommend that as you are in Victoria that a solicitor is engaged to draft a letter on your behalf in an attempt to mediate the situation.
You are welcome to request those additional services from me as required.
Kind regards *****
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 36,970
Experience: Family Law, Commercial Law, Property law, Probate & Wills, Employment Law, International Law, Criminal and Traffic Law, Litigation Tribunal & Courts
VerifiedJohn Melis and 87 other Australia Law Specialists are ready to help you
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