Fencing Work Who should foot the bill?

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Fencing Work Who should foot the bill?
Aylward Game Solicitors Best Property Lawyers
Brisbane Level 4, 183 Wickham Terrace, Brisbane
QLD 4001 mail_at_aylwardgame.com.au 07 3236
0001 1800217217
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This article brie?y examines the circumstances
where the fencing work costs may be borne by one
neighbor only rather than being shared on a 50/50
basis. As with any other case, the list is not
meant to be exhaustive and every case turns on
its own facts. Where is the dividing fence? In
order to determine the location of the dividing
fence and whether that lies on the common
boundary line between the two neighbors, you
need to engage a quali?ed cadastral surveyor.
His/her job is to identify the exact location of
the dividing fence in relation to the common
boundary line. Do I need to contribute towards
the costs of rebuilding the dividing fence? The
short answer with a few exceptions is yes. Often
when the fence is dividing the common boundary
between you and your neighbor, the neighbor who
seeks to replace or repair the fence requests a
contribution from you for the costs of
rebuilding/repairing the fence. It is not
uncommon that in such circumstance, the costs be
shared on a 50/50 basis between you and your
neighbour. However, this may not always be the
case.
What if we do not agree on the amount of each
contribution? Section 35 of Neighbourhood
Disputes (Dividing Fences and Trees) Act 2011
stipulates that, upon an application to
Queensland Civil and Administrative Tribunal
(QCAT), the QCAT may order, among other things,
how the fencing work to be carried out, whether
or not that line is on the common boundary of the
adjoining land and the way in which
contributions for the fencing work are to be
apportioned or reapportioned.
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Is a dividing fence a retaining wall? No. A fence
is not a retaining wall. This is because a
retaining wall is de?ned as a structure that
supports excavated or ?lled earth. QCAT has no
jurisdiction to determine a dispute about a
retaining wall per se. However, its order in
relation to the fencing work can extend to the
preparation of land along or on either side of
the common boundary of adjoining lands for the
purposes of the dividing fence. A likely example
to explain this sort of order is that, where work
on a retaining wall is necessary to carry out
the fencing work. What is the likely scenario
where I do not need to contribute to the fencing
work costs? Consider a scenario of a pool owner
who desires to carry out fencing work to alter or
replace a special-purpose fence. Take-home
message Preserving a good neighborly relationship
is always recommended. Disputes can arise for a
number of reasons some could be due to a
misunderstanding or an innocent
miscommunication, and others can occur due to the
lack of knowledge about someones rights and
responsibilities. The best possible results are
likely to be achieved when the door of
communication between the neighbors remains open
and the matter is not litigated. Address an
issue now before the issue becomes an
issue. For advice or assistance with all
fencing, retaining wall and neighborhood dispute
matters contact the Property Law Team at Aylward
Game Solicitors today on 1800 217 217
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Aylward Game Solicitors Contact United Service
Club Level 4, 183 Wickham Terrace, Brisbane QLD
4001 Free 1800 217 217 Phone [phone] Fax
07 3236 0005 Email mail_at_aylwardgame.com.au