Is wire mesh a sufficient dividing fence?

Discussion in 'Property Law Forum' started by Legalnaive, 25 January 2019.

  1. Legalnaive

    Legalnaive Member

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    Hi,

    I am soon moving to a new home in Qld. It is in a suburb of a small city but we will be an area nearing rural properties so the blocks are bigger size than usual.

    Our neighbour on one side said all he wants for a fence is two strands of wire between a few posts and that is a sufficient dividing fence. Unfortunately we will have two dogs so it isn't sufficient for us to keep them in. He said we will have to pay for anything beyond the two strands of wire and the few starpickets required to install his version of a sufficient fence. He has already made himself familiar with the fencing act in Qld and told us this the first time he saw us.

    The neighbour at the back has a 1.2 m fence already put in. It has wire mesh, with 15cm between vertical and horizontal wires, so basically 15cm squares. There is a long distance between posts and he doesn't have the bottom of it secured to the ground. He has an ostrich on his side and we are already seeing there will be a lot of trouble between our dogs and his ostrich.

    Are two strands of wire or a fence made of wire mesh considered to be sufficient dividing fences?
     
  2. Tripe

    Tripe Well-Known Member

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    Is two strands of wire sufficient to be a dividing fence?

    Answer: NO

    It’s general, it’s either a 4ft, 6 strand cattle proof fence or in non rural areas it’s a 5ft rabbit proof fence.

    Check with you council,
     
    #2 Tripe, 27 January 2019
    Last edited: 27 January 2019
  3. Tripe

    Tripe Well-Known Member

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    + under the Dividing fences act, your neighbors have no choice but to contribute 50% of the cost of the erection of a sufficient standard fence.
     
  4. Scruff

    Scruff Well-Known Member

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    Where on earth did you find that nonsense?

    QLD Neighbourhood Disputes (Dividing Fences and Trees) Act 2011:
    Code:
    13. Meaning of sufficient dividing fence
    
      (1) A dividing fence is a sufficient dividing fence if—
        (a) for adjoining land consisting of 2 parcels of residential land, the
            dividing fence—
            (i)  is between a minimum of 0.5m and a maximum of 1.8m in height;
                 and
            (ii) consists substantially of prescribed material; or
        (b) for adjoining land consisting of 2 parcels of pastoral land, the
            dividing fence is sufficient to restrain livestock of the type
            grazing on each of the parcels of land; or
        (c) in any case—
          (i)  the adjoining owners agree the dividing fence is a sufficient
               dividing fence; or
          (ii) QCAT decides the dividing fence is a sufficient dividing fence.
    
      (2) For this chapter, the existence of a fence, other than a dividing
          fence, on adjoining land must not be taken into account in deciding
          whether there is a sufficient dividing fence.
    
      (3) In this section— prescribed material, for a dividing fence, means any
          of the following materials unless the material does not comply with a
          requirement under a relevant local law—
        (a) wood, including timber palings and lattice panels;
        (b) chain wire;
        (c) metal panels or rods;
        (d) bricks;
        (e) rendered cement;
        (f) concrete blocks;
        (g) hedge or other vegetative barrier;
        (h) other material of which a dividing fence is ordinarily constructed.
    
    View - Queensland Legislation - Queensland Government

    Read chapters 1 and 2 and post back if you still have questions.

    You need to check with your council to find out if there are any other requirements relating to paragraph 3.

    In short, paragraph 3(h) means that the current fences are sufficient under the law.

    You therefore need to
    1. resolve it between yourselves - if that doesn't work, then
    2. mediation - if that doesn't work, then
    3. QCAT - which could go either way.

    If you want to avoid all of that, you could always fence off an area within your own property for the dogs.
     
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  5. Tripe

    Tripe Well-Known Member

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    In my part of the world, My advice is correct.

    The poster was told to check with their local council.

    I note in Qld, it appears, to have 0.5 hectare rule that Defines if the boundary act applies in rural/semi rural areas.
     
  6. Tripe

    Tripe Well-Known Member

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    What is the size of your land?

    What is the zoning? What is the neighbors zoning

    What is the council ?

    Do your neighbours earn income form the land?.

    Will you earn income of the land?


    What your neighbour thinks is a sufficient fence, does not automatically override what you think is a sufficient fence.

    In my travels in SE Qld, I have not seen any 0.5m high dividing fences or 2 strand fences
     
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