It should be easy. You buy your timber fencing and build a fence for your Brisbane area home. You live happily ever after. Unfortunately, it doesn’t always work out that way because Queensland has regulations that can confuse a fence owner and often cause disputes between neighbours.
What is a Dividing Fence?
A dividing fence is a fence that divides two properties, but it actually encompasses more than just the fence. It can also be a hedge, a creek, an embankment or a ditch. Anything that encloses a property, including cattle grids or gates, counts as a dividing fence.
Normally, it is built on the boundary line between two properties and both owners are equally responsible for the costs of building, maintenance and upkeep.
How Does Ownership Work?
If the fence is built on the boundary, it is co-owned and both owners are responsible for it. However, if it is built on one property, that property owner is also the owner of the fence and is responsible for the entire fence. In other words, if you are paying half of the cost to build a fence, make sure it is built on the boundary.
Solving Fence Disputes
The best way to resolve fence disputes is described elsewhere on this website. It involves staying on good terms with your neighbour and resolving issues before they become disputes. It is always easier to resolve issues face to face as early as possible than it is to let them fester into disputes and create the necessity for outside resolution.
If you and your neighbour are unable to come to a resolution, the least expensive way to arrive at Point B is to see a mediator at a dispute resolution centre.
Queensland Civil and Administrative Tribunal
This should be seen as a last resort. The Tribunal resolves fence disputes up to $25,000. Their decision will be legally enforceable.
To learn more about timber fencing, fence palings and other timber products, call us today: (07) 3888 1293.