If something has come between you and your neighbour, consider whether any self-help steps you can take might ease the problem. For example, to deal with an overhanging tree, you can follow the self-help rule and cut the overhanging branches back to your neighbour's property line. Or if you have a noise problem, you might try wearing earplugs or noise-cancelling headphones.

It's almost always a good idea to try talking with your neighbour about your concerns. They may not be aware there’s an issue or how frustrated you are about it — whether it’s a noise complaint, second-hand smoke, a fence in disrepair, or some other problem. Talking with your neighbour calmly and respectfully can often resolve the matter quickly.

That said, raising a problem directly with your neighbour may not be easy. To help you get ready for the conversation, here are some tips for talking with your neighbour.

If talking with your neighbour doesn’t work (or isn’t possible) and the problem is still bothering you, gather evidence. For example, you can:

• take photos or make videos to document the problem
• keep a dated journal or log of incidents and conversations with your neighbour
• consult an expert who can provide backup that there's a problem (for example, you might hire an arborist to document a high-risk tree, or visit a doctor to confirm that second-hand smoke is affecting your health)
• ask a friend or family member to come over and make notes of their observations
• do some research into any local bylaws that are in play 

To keep organized, try to keep all your evidence in one place, like in a file folder or on your phone or computer. 

If you’ve already tried talking with your neighbour, or you’re not comfortable having a conversation with them, try communicating with them in writing. 

If you do that, use a letter or an email. Don’t send a text. 

If you’re unable to resolve the matter directly with your neighbour, consider mediation. This involves you and your neighbour meeting with a neutral third party (a mediator) who’ll work to help you reach an agreement. Mediation is quicker and much less expensive than taking legal action. And it can help preserve a good neighbourly relationship. 

Finding a mediator

You can search for a mediator based on the city or town you live in and the type of problem you have. ADR Atlantic Institute has a directory that you can use to search for mediators whose qualifications have been verified by the Institute. 

If the problem with your neighbour continues, you might contact your municipality. Depending on the type of problem, there may be a local bylaw in play. Most communities have bylaws, for example, relating to fences, trees, noise, and other issues that can come into play between neighbours. If there is a relevant bylaw, you can file a complaint with your municipality. The municipality can investigate and has the authority to give fines.

If none of the options above have resolved the problem, it may be time to consider legal action. For example, if you’ve told your neighbour multiple times about a noise problem but it continues to disturb your peace and quiet, you can start a legal action in nuisance. 

That said, taking legal action is generally a last resort. It can be a long, expensive, and stressful process. And there’s no guarantee you’ll win. A court may decide there isn’t enough evidence to support your claim.

Plus, taking legal action against a neighbour will almost certainly strain your relationship — no small matter since you’re living next to one another.

If you choose to pursue legal action, here are some useful tips to help you find a lawyer. Alternatively, you can decide to represent yourself in court.

Here are some tips for having a conversation with your neighbour. 

Contact your municipality to find out if there are any by-laws that apply to your problem. 

Consult a lawyer if you would like legal advice about your problem.