Fence Disputes
Dividing fences
QCAT has jurisdiction in relation to dividing fences including correction of new fences; repairs to existing fences; the position of fences; the conduct of other “fencing work” associated with any of the foregoing.
The general rule is that adjoining owners must share equally in the costs of erection and maintenance of dividing fences.
For further information about the extent to which each owner must share the cost of the erection and maintenance of retaining walls, go to Neighbourhood Disputes.
Retaining Walls
If repairs to a retaining wall on or near the boundary are required in connection with repairs to or the construction of a fence, the cost of the wall repairs may be “Fencing Work” that should be shared equally between adjoining owners. QCAT has jurisdiction in relation to both the wall and the fence in those circumstances.
For information about the extent to which each owner must share the cost of the erection and maintenance of retaining walls, go to Neighbourhood Disputes.
Nuisance, eg water or sediment
If overland water flow has been diverted or concentrated by construction on higher adjoining land, relief may be available for the removal of the “nuisance”.
Queensland Business + Property Lawyers offers fixed fee packages for comprehensive advice; preparing QCAT claims and defences; and preparation of submissions. Enquire today.
Neighbour hazards: collapsing retaining walls, landslides, rock falls
A landowner owes a duty to his or her neighbours to prevent hazards on the land of which he or she is aware or should be aware may cause damage to their neighbours or to neighbouring land.
For more information, head to Neighbourhood Disputes.