QLD Dividing Fence

[Matt7]

I own a residential property in Queensland with an existing dividing fence on the common boundary.

My neighbours propose to construct a garage wall close to the boundary. I have offered temporary access under a properly drafted Temporary Access Deed, however no agreement has been reached. The builder has indicated they may proceed entirely from the neighbour's land.

My questions relate to the following hypothetical situation.

If the builder excavates for the garage footings entirely from the neighbour's land and, during those excavation works, the existing dividing fence is damaged, destabilised or collapses as a result of the excavation:

1. Does the builder or adjoining owner acquire any legal right to enter my property to repair or rebuild the fence simply because their excavation caused the damage?
2. If they do nothave my consent to enter my land, would they require:
   • my written consent,
   • a court order, or
   • some other statutory authority before entering my property?
3. If the excavation caused the damage, who is legally responsible for:
   • making the site safe,
   • reinstating the dividing fence to its original position and standard, and
   • paying all associated costs?
4. If the adjoining owners have indicated that they no longer want a dividing fence after their garage is completed, does that affect their legal obligation (if any) to reinstate the existing dividing fence that was damaged or removed during their building works?
5. Is there any Queensland legislation or case law dealing with this situation, particularly where a builder has damaged a dividing fence during excavation or footing works?

I am not asking who owns the fence generally or whether a Temporary Access Deed is a good idea. My questions relate specifically to the legal consequences if excavation carried out from the neighbour's land damages the existing dividing fence.

Any references to Queensland legislation or cases would be greatly appreciated.

Thank you.