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Love Thy Neighbour
Wherever you live, you will likely have one or more neighbours. Hopefully everyone will get along, but often enough, disputes between neighbours arise.
The most common disputes we see in our litigation and disputes team are regarding the following:
1. Dividing fences
2. Retaining walls
3. Trees
4. Noise
5. Pollution
6. Water run off
7. Bad behaviour
8. Dogs/animals
9. Vermin etc.
10. Encroachment
We can assist you with any of these.
In this edition, we will discuss dividing fencing disputes.
You may need to install a fence or repair a fence on the boundary line with your neighbour/s. You do not have to pay for the cost of this on your own, as your neighbours can be ordered by QCAT to pay up to half of the cost of the fence, depending on the circumstances.
It is always best to talk to your neighbour with what you would like to do with the dividing fence. If you can resolve the issue without it turning into a dispute, this is always preferred. Knowing where you stand will assist you in negotiating a successful outcome.
So, in general, where do you stand?
Firstly, what is a fence? It can be any structure higher than 0.5m (including a natural structure), that separates the land of adjoining owners. It includes e.g. a waterway, or a cattle grid, but does not including a retaining wall, or part of a building.
Secondly, you will need to find out what the common boundary fence is in your neighbourhood. For example, if most properties in your neighbourhood have 1m chicken wire fencing, then that is your common boundary fence. However, if most properties in your neighbourhood have 1.8m colorbond fencing, or a 1m concrete block fence, then that is your common boundary fence.
Whether the fence is a new fence, or a replacement, the same principle applies. Each neighbour pays half of the cost of the common boundary fence as is between each neighbour. If you have 3 neighbours, then they each pay half of the common boundary fence as between them each and yourself.
What happens if your common boundary fence is e.g. 1m chicken wire fencing and you want to install a 1.8m colorbond fence? You can agree with your neighbour to each pay half, but if your neighbour does not want a colorbond fence, or does not disagree with a colorbond fence but does not want to pay for it, then you can only force your neighbour to pay half of the cost of chicken wire fence. The balance of the cost will have to be borne by you.
If your neighbour does not agree, can you just build it anyway? Unless there is an urgency to the fencing work, then you cannot. Where the fencing work is urgent, for example when the dividing fence is damaged, or destroyed, then you can carry out the fencing work to restore the dividing fence to a reasonable standard (bearing in mind the state of the fence before it was damaged or destroyed).
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1. We will talk more about this in a later edition
You will need to issue your neighbour/s a Notice to Contribute2, which includes a notice to fence, allow them one month to respond and then proceed to one of these options:
• Use the free mediation service through a Dispute Resolution Branch;
• Apply to QCAT (this has to be done within 2 months of giving the Notice to Contribute)
This information is general in nature, and the circumstances and facts of your matter may change the outcome. If you require further assistance or advice, we can assist you further during a Consult.
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Contact Us
Need advice on a neighbourhood dispute? Call 1800 999 529, email mail@rmold.newwebsite.live or submit an enquiry below.
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