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QLD Property Law - Dividing Fence Contribution Issue?

Discussion in 'Property Law Forum' started by APG, 14 July 2014.

  1. APG

    APG Member

    Joined:
    14 July 2014
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    Hi,

    I have received a signed confirmation for the notice to contribute from my neighbour and the dividing fence has been erected between our properties. He is saying however that he doesn't have the money to pay for his portion. So, I have the fence company ringing hassling me, and then I go and speak with the neighbour about it. What are my options under property law to prevent this from dragging out?

    Thanks.
     
  2. James D. Ford - Solicitor

    James D. Ford - Solicitor Well-Known Member

    Joined:
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    Hi @APG

    The only way to collect the $$$ from your neighbour (if he says he does not have the money) is to send a Letter of Demand for payment, and if not paid within say 14 days, then commence an action in QCAT to recover the money.

    QCAT orders can be converted to a Court Judgement, which can be enforced in many ways (one being garnishing of wages), etc.

    Hopefully it would not be necessary to go far down this road. However, this is the only way to proceed is your neighbour is refusing to pay.

    Let me know if you need assistance.

    Kind regards,

    James
     

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