A disagreement between neighbours over fencing is an almost classic neighbourhood dispute. If conflict arises over building a fence on your Brisbane property, it helps to know the facts and what you and your neighbours’ responsibilities are. In today’s article the team at Fence Corp share some legal guidelines from the Queensland Government regarding fence construction, as well as give some suggestions about how to deal with uncooperative and difficult neighbours when looking to undergo a fencing project.
How should I propose the construction of a fence to my neighbour?
Firstly, discuss with the owner of the property the type of fence you want to build, including the cost and how it will be built. Provide details in writing to your neighbour including:
– A cost for the fencing including the 50 per cent contribution required by the neighbour and method of construction to be used.
– The type of fence to be proposed
– The common boundary where the fence is to be constructed.
If the neighbour accepts the proposal then he/she is obligated to pay half for the fence.
What if we can’t come to an agreement on where the fence should go?
If you and your neighbours disagree on the common boundary of the property, there is a special procedure that can be followed.
– Give written advice to your neighbour of your intention to employ a registered land surveyor to provide impartial advice on the property’s boundary. This cost is to be split equally.
– If the neighbour refuses to employ a surveyor, they are able to place stakes along the boundary where they believe the common boundary to be. If a surveyor supports your neighbour’s claim then you are liable for the cost of the surveying. If not then the cost is to be spilt equally.
What if we still can’t reach an agreement on cost, fence type or my neighbour refuses to contribute?
In these instances, never go ahead and build the fence since it is difficult to recover any contribution from a neighbour if a formal agreement has not been made. In these instances either party may elect for the matter to be heard by a Magistrates Court or small claims tribunal. These authorities will impartially consider cost, fence type and other factors to reach the most fair solution on behalf of both parties.
What if you want to repair an existing fence?
Unless one of the owners of the fence caused the damage, both neighbours are required to pay for fence repairs equally. This does not include fence maintenance such as painting. To repair a fence the course of action is the same as proposing the construction of a new fence including issuing a notice and quote.
For more information and resources about resolving neighbourhood fencing disputes please visit the Queensland Government’s Department of Justice and Attorney-General web page. For a detailed quote for a fence for your property call the fencing specialists here at Fence Corp today. We’ve got stylish, study and affordable fencing solutions that you and your neighbours are sure to love. (07) 3715 5055