When it comes to fences, there have been many disputes and arguments about who owns what, who should pay, and where the fence should go. Fence Corp have previously written about how to deal with a fencing feud with your neighbour, but as a refresher here are some questions and answers about boundary fences in Queensland, and what the responsibilities are for each party.
Who owns the fence on a common boundary?
If the fence is built on a boundary line the fence is half owned by each property owner. This means legally the cost of repairs and maintenance if needed is required to be shared.
Is a pool fence allowed to be part of a dividing fence?
Yes, provided that the pool fence complies with pool fencing laws. However because the pool fence is attached to the pool, the cost for constructing this and repairs and maintenance is the responsibility of the pool owner.
What if my neighbour wants to demolish the fence?
Your neighbour can demolish a fence that separates two properties in the fence is on their land. If the boundary line cannot be agreed upon a surveyor may be needed to determine and pin the boundary line. If the fence is exactly on the boundary line, you are able to lodge an order to Queensland Civil and Administrative Tribunal (QCAT) for an order to stop the demolition.
I want a higher or difference fence than the existing fence!
If there is already an existing dividing fence on the land and you want to modify it, including changing it to be more private or adjusting the height and changes you request will be the sole responsibility of the person requesting the changes.
Is the cost of maintenance shared?
If the fence requires maintenance you have the right to lodge a notice to contribute to your neighbour provided the fence is located along a shared boundary.
The golden rule…
The common theme here is that fence disputes are able to be settled by an external party (QCAT) provided the fence is on a common boundary line. Sometimes though fences have not been built where the boundary line is (even when it is assumed it has been) and all responsibility of the fence and rights to the fence defaults to the property where the fence has been erected.
Hopefully your neighbour exercises some common sense when it comes to all things fences! Usually a reasoned conversation and some flexibility, or compromise can settle discussions about fences without having to serve legal notices. A good relationship with your neighbour is in everyone’s interest, but if things get difficult, it’s always worth knowing your rights.
To speak to the premier team building new, solid and attractive fencing options in Brisbane – disputes not included, but friendly and cooperative service always – call Fence Corp today on (07) 3715 5055