Call our lawyers
now
or,
have our lawyers
call you
Dividing Fence Disputes in Queensland
Updated on May 29, 2015 • 2 min read • 328 views • Copy Link
Dividing Fence Disputes in Queensland
One of the most common problems between neighbours is who pays for repairs to a common fence. The basic answer is that each neighbour is liable to contribute to repairs or replacement. However, it is not always as simple as that.
If one neighbour wants to have the fence repaired or replaced, he or she must first get two quotes to either replace the existing fence with one of a similar standard, or for a fence in keeping with the area. The quotes should then be sent to the other party, along with a letter specifying which common boundary is to be fenced, the type of fence it is proposed should be built, and how much the neighbour would be expected to contribute. There is no set form for the letter, as long as it includes the above information and gives the neighbour at least a month to respond.
If there is no response, or the neighbour objects to the proposal in any way, the party wanting to repair the fence can lodge an application with the Queensland Civil and Administrative Tribunal (QCAT). This must be done within 1 month of the deadline given for a reply. In Brisbane, the application should be lodged at the QCAT offices at 259 Queen Street; elsewhere it can be lodged at the local Magistrates Court. If the costs of repair are over $25000 (which is unlikely for most domestic properties) the application must be lodged at the nearest Magistrates Court.
QCAT will arrange a mediation – if the matter cannot be resolved informally there will be a short hearing at which the type of fence and the amount to be contributed by each party will be decided. In most cases, the cost will be split 50/50; however, if one party wants a fence that is more expensive than a simple replacement, he can be ordered to pay all of the additional amount over and above what a straightforward replacement would have cost.
Should the neighbour still be unwilling to pay, once the fence has been built and paid for, the amount outstanding can be recovered in the same way as any other debt.
Retaining walls are expressly excluded from the definition of ‘Dividing Fence’ in the legislation, and different rules apply. Broadly, the party with the benefit of the wall is responsible for its maintenance and repair.
Laura Turner
Senior Associate
Laura Turner holds a Bachelor of Laws and Bachelor of Arts as well as a Graduate Diploma of Legal Practice. She is admitted to practice in the Supreme Court of Queensland. Laura began her legal experience through volunteering with the Student Legal Service offering free advice to students, and through a clerkship in the conveyancing team of a law firm in Hobart. She also volunteered at a Prisoner Legal Service, assisting inmates to obtain parole. Laura has a strong focus on family law, criminal and traffic law, although looks to broaden her knowledge into migration and civil law.
Affordable Lawyers
Our Go To Court Lawyers will assist you in all areas of law. We specialise in providing legal advice urgently – at the time when you need it most. If you need a lawyer right now, today, we can help you – no matter where you are in Australia.How It Works
1. You speak directly to a lawyer
When you call the Go To Court Legal Hotline, you will be connected directly to a lawyer, every time.
2. Get your legal situation assessed
We determine the best way forward in your legal matter, free of charge. If you want to go ahead and book a face-to-face appointment, we will connect you with a specialist in your local area.
3. We arrange everything as needed
If you want to go ahead and book a fact-to-face appointment, we will connect you with a specialist in your local area no matter where you are and even at very short notice.
Related Law Topics
Please note that this post was published on 9 June 2020. The information on this page is no longer accurate. The World Health Organisation declared Covid-19 a pandemic on the 11 March 2020. On the 15 March 2020 the Western Australian Minister for Emergency Services and the State Government declared a ....
Posted in:
Civil Law
Western Australia
Breaking a Lease for a COVID-19 Reason (Vic)
Please note that the legislation referred to on this page is no longer in force. On 24 April 2020 Victoria passed legislation temporarily amending the Residential Tenancies Act 1997 in response to the COVID-19 pandemic. The COVID-19 Omnibus (Emergency Measures) Act 2020 will be in force for six months. Among ....
Posted in:
Civil Law
Victoria
Excessive Hardship Because of COVID-19 and Residential Leases (Qld)
Please note that the legislation referred to on this page is no longer in force. On 24 April 2020, the Queensland government passed the Residential Tenancies and Rooming Accommodation (COVID-19 Emergency Response) Regulation. The Regulation makes temporary changes to the Queensland Residential Tenancies Act to make allowances for tenants suffering ....
Posted in:
Civil Law
Queensland
Was it Necessary to Suspend Parliament?
On 23 March 2020 it was announced that federal Parliament would not sit again until 11 August 2020 due to the spread of the Coronavirus. The Parliamentary sittings of May and June were cancelled and the budget was postponed until October. The move was opposed by Labor and the Greens, ....
Posted in:
Australia
Civil Law
Please note that this post was published on 23 April 2020. The information on this page is not longer accurate. On 7 April 2020, the national cabinet announced a Mandatory Code of Conduct that would apply to commercial leases where the tenant is a small or medium-sized business which has ....
Posted in:
Australia
Civil Law
Can I Be Evicted if I Have Been Financially Disadvantaged by COVID-19? (NSW)
Many people who are residential tenants in New South Wales have been financially disadvantaged by COVID-19. This may be because of reduced work hours, because of business closures or because of being unable to work due to illness. In recognition of the exceptional circumstances facing renters at the moment, the ....
Posted in:
Civil Law
New South Wales
Contractual Obligations During COVID-19
The commercial landscape that we once knew has been in turmoil since the outbreak of COVID-19. Federal and State Governments have been forced to take immediate action to curb the spread of this virus. These actions have had negative commercial and economic implications for Australian and Global businesses. Restrictions are ....
Posted in:
Australia
Civil Law
Coronavirus and Force Majeure Clauses
As businesses shut down or reduce their operations due to the spread of COVID-19, parties to commercial contracts may be seeking to resile from their contractual obligations. One way a party to a commercial contract may be excused from performing all or some of its obligations is through reliance on ....
Posted in:
Australia
Civil Law
Coronavirus and Court Appearances (Qld)
Attending court in person is generally mandatory in any court matter with appearances by phone or video conference reserved for when there are exceptional circumstances. However, due to the Coronavirus court appearances by phone and video are to become the new normal, with appearances in person limited to urgent matters. ....
Posted in:
Criminal Law
Queensland
What is the Religious Discrimination Bill?
In 2017, in the wake of the same-sex marriage poll, the federal government announced its intention to look into the need to pass laws protecting against religious discrimination. In December 2019, the second draft of the Religious Discrimination Bill was released. The Bill contains provisions that guard against discrimination on ....
Posted in:
Australia
Civil Law
Robo-Debt and the Digital Welfare State
A report released on 11 October 2019 by the United Nations Special Rapporteur on extreme poverty and human rights has warned of the dangers of the digital welfare state. Digital welfare states are states, like Australia, that allow their social security system to be administered and automated by computer technologies ....
Posted in:
Australia
Civil Law
Native Title and the Adani Coal Mine
In August it was revealed that the Queensland government had granted exclusive possession of tracts of land in the Galilee Basin to Indian mining company Adani. The decision had the effect of extinguishing the native title rights of the Wangan and Jagalingo people, who may now be forcibly expelled from ....
Posted in:
Civil Law
Queensland