Sports Balls Banging Against Fence - Asked to Move On

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

John Smith

7 May 2014
I like to practice my sport against a wall in an empty car park at a local community centre, at the back of the car park is a house with a corrugated iron fence and occasionally the ball will bang against the fence.
There has been no dents or other damage to the fences but it can make a loud noise, I've only ever practised in daylight hours, and semi irregularly.

The owner asked can I stop hitting the fence the other day.

Who is in the right/wrong here under property law? Do I have to find somewhere else or can I continue as long as there is no damage? Or at unreasonable hours?



Well-Known Member
25 April 2014
Hi John,
I'm not sure about this specific situation that you're in, but generally the owner has the right to complain to the their local council about the noise/banging to their fence from you if they think its unreasonable noise and noise that is interfering with their health and wellbeing even in daylight hours (although there are specific hours where its automatically considered to be unreasonable). If there was damage done at some point, they may also complain to the council and seek repair from the person who caused the damage.

Perhaps you could find a different wall to practice on where you won't disturb people? (Imagine if it was a loved one's home or your home and a man kept banging with a ball on the corrugated iron fence.)