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QLD Does Neighbour Have a Case to Build a New Dividing Fence?

Discussion in 'Property Law Forum' started by LucHV, 22 November 2014.

  1. LucHV

    LucHV Member

    22 November 2014
    Likes Received:

    My neighbour and i share a short boundary in Brisbane.

    There was a timber fence constructed a long time ago. Recently I did reno on my house and as part of the council's conditions, I had to have a fence. I built it as required by council and it was approved. Given I was flat out during the reno, I only asked my neighbour for a contribution after it was built. I didn't get a reply and promptly forgot about it, knowing I didn't follow due process to get contribution. Besides the amount was not large.

    Now, my neighbour recently sent me a notice to contribute because the old fence, which was not disturbed when I built mine, rotted and falls apart a bit. He wants to replace with a new material. He only sent 1 quote and height/material of his own choice.

    I said to him there is an effective a fence dividing our properties. it is as the council wants and divides our properties OK. whether it is 100mm either side I don't know. I guess it can be a bit on my side. But practically it is on the boundary as people see it. He argues that the new fence is mine and has nothing to do with the dividing fence. He insists that the old fence is the dividing fence and not my new fence.

    So he now wants a survey to know exactly where the boundary is. what he wants to do after receipt of this I don't know.

    I have argued to him thew first question is whether there is a dividing fence. once this is decided then the survey is next (if there is a need to build a new fence). But he does not seem to understand the logic.

    I understand from the Act (Qld) is that QCAT can determine if a fence is an effective one and I think the fence I built is one as it checks most criteria in the Act.

    Am I right and QCAT will agree that there's already an effective fence there and no need to build a new one? I don't want to recover the money I spent, I already told him this. I just want neighbour relationship and the matter rest. But I think it won't until QCAT decides.

    Does he have a case to build a new fence where the old one is?

    Thanks for your help.
  2. Sarah J

    Sarah J Well-Known Member

    16 July 2014
    Likes Received:
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