Are you responsible for maintaining a dividing fence?
  • Monday 28 December 2015
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Are you wondering if maintaining a dividing fence is your responsibility?

According to the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 a fence is not just a line of posts or panels. It is anything enclosing land including a ditch, hedge or even a creek, and it does not have to extend along the whole boundary. It also includes gates, cattle grids, and anything forming part of the enclosure.

Dividing fences on a common boundary are equally owned by, and the responsibility of, the adjoining property owners.

Generally, in situations where a dividing fence is required, the owners of the properties divided by the fence are equally responsible to contribute to a sufficient dividing fence.

Property owners must obtain consent from the adjoining owner in order to attach items such as shade sails to a dividing fence. If unpermitted attachments damage the fence, the adjoining owner may apply to Queensland Civil and Administrative Tribunal (QCAT) for an order requiring the attachment be removed and the fence restored to a reasonable standard.

QCAT can assist to resolve neighbourhood fence disputes however it is much better if you can resolve the problem together and stay on good terms with your neighbour.

For more information visit the Queensland Government website.