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QLD Dividing Fence - Build a New One?

Discussion in 'Property Law Forum' started by Lindan, 14 December 2014.

  1. Lindan

    Lindan Member

    14 December 2014
    Likes Received:
    I live in an urban area. I want to put up a new fence with adjoining neighbour, at full cost to me. My neighbour says I can't pull the existing fence down. Am I able to replace the fence if I am paying full cost under Property Law?
  2. Sarah J

    Sarah J Well-Known Member

    16 July 2014
    Likes Received:
    Hi Lindan,

    A fence on dividing property is co-owned by the owners of the adjourning land. Have you told your neighbour that you're happy to pay for the new fence? What is the reason for your neighbour not wanting to tear down the original fence? Perhaps you could offer to have the fence payment situation in writing to give your neighbour more assurance? Or perhaps you can build the fence next to the dividing fence, on your property?

    It is always best to resolve such disputes between the parties yourselves.

    However, if you cannot resolve it with your neighbour, you can always refer the matter to QCAT. I suggest taking a look at the following:

    - QCAT: dividing fence disputes
    - QLD government: resolving tree and fence disputes
    - QLD government: examples of dividing fence disputes
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