I have two fences which i have on my side of the boundary. The side neighbour and rear neighbour have just put up a

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Customer: I have two fences which i have on my side of the boundary . The side neighbour and rear neighbour have just put up a fence which they have connected to mine . I have told neighbour on the north side not to connect up to the fence , but to put a post as close to mine as possible and then strain off of it . Am i legally allowed to disconnect their strainer and fencing off my post . I have a concern that my post is not suitable to be strained off and could put undo stress on my own fence and cause damage. I have said to both of them that they were supposed have all concerned parties to have a discussion to work out an amicable agreement between us all . Their attitude is that they don't and they can do what they want . Where do I stand . Regards Paul
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have photos of the old fence on how the last owner and I agreed on. I had sent a text to one neighbour stating what I wanted done . I tried to have a conversion with both of them today which I told them I was recording every word. No I haven't filed any paper work as such . Where do I start
JA: The Property Lawyer will be able to walk you through that. Where is the property located?
Customer: Greenmount Queensland 4359
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Answered by John Melis in 1 hour 2 years ago
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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

Both owners will be responsible for the fencing work, which includes retaining walls which are used as boundary fences, subject to the party who gets the dominant benefit of the retaining wall.

In Queensland, ss 20 and 21 of the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld) obliges owners of adjoining land to generally contribute equally towards the costs of installing or repairing a dividing fence.

In QLD, the owners of adjoining land not divided by an adequate fence may be liable to contribute to the construction, replacement or maintenance of a such a fence. An owner of land who proposes to erect, replace or repair a fence dividing that land from the land of an adjoining owner may serve a notice of that intention on the adjoining owner specifying a proposal for how the work is to be carried out and seeking contribution to the cost. If the adjoining owner objects to the proposal, he or she may serve a cross-notice setting out counter-proposals. If a dispute arises, either party can seek an order from NCAT prescribing the kind of fence to be constructed and the proportions in which the parties are to contribute to its construction,

A person carrying out authorised fencing work may enter upon land at any reasonable time and do anything that may be reasonably required for the purposes of the fencing work.

If the fence line is not straight you may need to have the land surveyed to avoid any loss of your land.

A fence does not just mean a line of posts, wire or panels; rather, it is anything that encloses an area of land—including a ditch, embankment, a hedge or even a creek—and it does not have to extend along the whole boundary. It also includes gates, cattle grids, or anything else that forms part of the enclosure.A dividing fence is normally constructed on the common boundary line between two properties, although it may be built off the boundary line when the physical features of the land prevent it. This, however, has ownership implications.

If it is built on the common boundary line, a dividing fence is owned equally by the adjoining neighbours. However, a fence, or part of a fence, built on one neighbour’s land is owned by that neighbour, even if the other neighbour helped pay for the fence. You should be careful to build your fence on the boundary if you are paying half the cost.

QCAT can help resolve neighbourhood fence disputes—valued up to and including $25,000. QCAT can make a legally enforceable decision on the matter.Going to QCAT should be seen as a last resort. It’s much better if you can resolve the problem together and stay on good terms with your neighbour.

Basic rules for dividing fences

  1. There should be a ‘sufficient’ dividing fence between properties if an adjoining owner requests one—even if one or both pieces of land are empty.
  2. Usually neighbours must contribute equally to the cost of building and maintaining a dividing fence.
  3. You should not attach anything to a dividing fence that could damage it.
  4. In most cases, issues about dividing fences need to be solved by the owners of the properties. If you are a tenant, unless you have a long-term lease on the land, you should refer queries over a dividing fence to the property owner or agent.

What is a sufficient dividing fence

A dividing fence is considered ‘sufficient’ if the fence:

  • is between 0.5 metres and 1.8 metres high
  • is constructed mainly of ‘prescribed material’. This can be:
    • wood, including timber palings and lattice panels
    • chain wire
    • metal panels or rods
    • bricks
    • rendered cement
    • concrete blocks
    • hedge or other barrier made from vegetation
    • other material that fences are ordinarily constructed from
  • can restrain the type of livestock grazed on either neighbours’ adjoining pastoral land.

It is also ‘sufficient’ if you and your neighbour agree it is, or QCAT decides it is sufficient. (QCAT takes into account specific factors such as the types of fences found in the neighbourhood.)To work out what makes a sufficient fence for your circumstances, start with what you need to divide the properties—for example, a short chain wire fence may be decided to be sufficient, but if one owner wants more, then they pay the difference.

Why is a retaining wall not considered a fence?

Retaining walls serve a different purpose than fences. They are engineered to support built up or excavated earth. Retaining walls are not normally a matter of joint responsibility for neighbours because a retaining wall is usually of more benefit to one neighbour.

Are retaining walls covered by the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011?

No. Retaining walls are not defined as part of fences because they usually benefit one neighbour more than another, therefore equal contribution is unsuitable. However, QCAT can make orders about carrying out fencing work that includes work on a retaining wall only if the repair of the fence is dependent on the work for the retaining wall.

https://www.legislation.qld.gov.au/view/pdf/2013-04-05/act-2011-025

​Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

Customer
Hi John my issue with the fence that has been connected to my is that I had told one neighbour that their wires and stays were not to be connected onto my post and that another post was to put as close to mine and strained off of that . We have black soil and the ground slopes down hill .Previous to this the neighbour who did the fencing work did not consult with me about what was going to be done. we have a tee junction and the two fences at right angles are on my property by 25mm
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John Melis, Expert

Thank you for your follow-up, appreciate your reply.

I kindly request that you please scroll up. I have posted a reply for you that explains your options, if you cannot see the response, I request that you refresh your screen, and where it does not show please let me know and I will repost it for you. I am here to assist you when you need.

Customer
Sorry but you haven't answered the question I asked concerning the neighbours connecting their new to my fence which is on my property
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John Melis, Expert

The neighbours cannot do that as that would be trespass to your property and you can raise a claim accordingly and have an order put in place to have their structure removed

Customer
What is the best way of going about this
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John Melis, Expert

Your next step would be to engage a local lawyer to have that lawyer issue notice to the joining neighbour

Customer
Thankyou for your time I appreciate your advice Regards Paul
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John Melis, Expert

You are welcome, and thank you for supporting the community.
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