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What if I have used a Notice to contribute and there is no agreement? You can seek a contribution for any fencing work including surveying, construction, demolition associated with replacement fencing, repair or maintenance. What can fencing work contributions include?
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The form contains specific information and must include at least one written quote. See the Queensland Government’s website for more information. What is in a Notice to contribute?Ī Notice to contribute is a form you can complete and give to your neighbour to request their contribution to repairing or constructing a dividing fence. If you wish to make your agreement more formal, you can give your neighbour a Notice to contribute. Many people enter into informal agreements regarding contributions. The law does not apply to agricultural lands greater than 0.5 hectare in area, parks, stock routes, plantation licensees and unallocated state land.īack to top Notices to contribute to fencing How do I get my neighbour to contribute to building a new or maintaining an existing fence? No, it also applies to urban and rural lands with some differences regarding definitions and the application of certain sections of the law. Does the law only apply to residential areas? There should be a dividing fence if one of the neighbours requests one but some adjoining land owners are excluded eg parks, plantations and cropping land. Do neighbouring properties have to have a dividing fence? You can also apply to QCAT about other types of fence disputes including removal of an existing fence or compensation for damage to a fence. If you have given your neighbour a Notice to contribute to proposed or urgent fencing works, you can apply to QCAT if you cannot agree on construction or repair of a dividing fence. What sort of dividing fence disputes will QCAT help resolve? In the event that your matter is not primarily a fencing dispute, you may wish to seek legal advice about your options. However, QCAT can make orders about carrying out fencing work that includes work on a retaining wall only if the repair of the fence is dependent on the work for the retaining wall. Retaining walls are not defined as part of fences because they usually benefit one neighbour more than another, therefore equal contribution is unsuitable. Are retaining walls covered by the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011? Retaining walls are not normally a matter of joint responsibility for neighbours because a retaining wall is usually of more benefit to one neighbour. They are engineered to support built up or excavated earth. Retaining walls serve a different purpose than fences. Why is a retaining wall not considered a fence? Either neighbour should not attach things to the fence which may damage or alter it unless agreed eg clotheslines, car ports, shade sails. Generally neighbours must contribute equally to building and maintaining a dividing fence. However, a fence or part of a fence built on one neighbour’s land is owned by that neighbour, even if the other neighbour contributed to the cost of construction of the fence. Who owns a dividing fence?Ī dividing fence is owned equally by the adjoining neighbours if it is built on the common boundary line.
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A fence is a structure, ditch or embankment, or a hedge or similar vegetation barrier, natural or artificial watercourse, enclosing any land, whether or not it extends along the whole boundary of land separating the neighbours. What is a dividing fence?Ī dividing fence is generally constructed on the common boundary line of adjoining land. The laws do not override covenants, non- QCAT agreements, body corporate by-laws, easement rights or retaining wall laws. The laws do not apply to pool fencing, state plantation forests, cropping land greater than 0.5 hectare or unallocated state lands. Does the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 apply to all fence disputes? Should this be unsuccessful, the legislation aims to facilitate dispute resolution. The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 provides rules about each neighbour’s responsibility for dividing fences and for trees so they can resolve issues early without a dispute arising. Fences and the law What is the Neighbourhood Dispute (Dividing Fences and Trees) Act 2011?