QLD Fences Not on Boundary - Who Pays for Repairs?

[whitecap24]

Hi, if any of the forum experts can please help...

Who is legally required to pay for the repairs of a fence that is not on the boundary line?

The boundary fence that needs repairing is between our complex of townhouses and the block of units next door.

The fence is on their side of the boundary by a about a few centimeters.

Originally there was a small fence on that boundary line, then the existing tall fence was built behind it on the neighbours side, and the small original fence has since been removed from our property but still remains on some of the other townhouses in our complex (so they have 2 fences - old small and new tall one in their backyard).

We are in Brisbane, QLD.

Thank you in advance for any answers

 

[whitecap24]

Further to:

I feel like I'm caught in the middle and just trying to work a way through. I am the owner of the townhouse where there the part of the fence is damaged and I'm just trying to initiate a repair.

it is a boundary fence, so have been advised that our body corp and the neighboring body corp are legally both liable to pay equal share in repairs. (ie myself as owner of individual townhouse am not liable).

So, I'm trying to get the ball moving on getting a repair, but the fence is on the neighboring complex side of the boundary line (by a few cm).

So I'm wondering, who am I supposed to be approaching to get repair done? My body corp or the neighbor body corp? And what if if my body corp doesn't want want to move on repairs because the fence is on the neighbours side?

That is why I'm asking about who is legally liable for repairs of fences not on boundary lines - if push comes to shove?

 

[Tripe]

The boundary fence does not have to be exactly on the boundary, if you have use of the land up to the fence and the other party has use of the land up to the fence then it is boundary fence and you have a 50/50 split for cost.

Or you can build a new boundary fence on the boundary and seek 50/50 costs. Depending on your state a residential boundary fence must 5ft high and rabbit proof.

 

[Rob Legat - SBPL]

Have you had a survey done to establish where the boundary is exactly? Even surveyors' markings can shift over time.

Assuming it is a boundary fence, since it is the boundary between your scheme and a lot which is not part of the scheme, it is the body corporate's responsibility to pay for the repairs - not yours (at least, not directly).

 

[Clancy]

They should pay half. If by chance your body corporate can prove the fence was built without their approval? I am not sure they can be forced to pay half to repair a fence they never approved of?