One of the most common disputes between neighbours throughout Brisbane is that over the erection, replacement or repair of a fence or wall between two or more properties.
In Brisbane the law covering walls and fences between properties is the Dividing Fences Act, with local council's also having laws and building codes that must be complied with on a municipal level.
These local laws and codes will include the height a fence or wall can be built, the impact allowed on the local environment, and compliance with other relevant safety laws, if encompassing a swimming pool.
The Queensland Dividing Fences Act defines a dividing fence as: "separating the adjoining lands of different owners, whether the adjoining lands are wholly or only partly separated" The definition of a fence, according to the Brisbane Dividing Fences Act is: "a structure of posts and boards, palings, rails, galvanised iron, metal, or wire, or a wall, ditch, or embankment, or a combination of any of these, enclosing or bounding land, and includes any foundation, foundation wall, or support reasonably necessary for the support and maintenance of the fence, but does not include a wall which is part of a house or other building".
For Brisbane homeowners the overriding factor is that Section 7 of the Queensland Dividing Fences Act explicitly states: owners of adjoining lands not divided by a sufficient fence shall be liable to join in or contribute to the construction of a dividing fence between such lands in equal proportions, whether the adjoining lands are to be wholly or only partly separated thereby' Though most Brisbane homeowners are aware of this requirement, with a neighbourly chat resolving what most legal disputes over fences derive at anyway, with all parties agreeing to their share of the cost, dependent on how much fencing is shared between each person Disputes often arise when one party wants to replace an entire fence, or use a non-standard material, where the other party(ies) might only wish to repair an existing fence, or dislike the material suggested.
In case of disputes the parties proceed first to the Brisbane government's Dispute Resolution Centres, or, if mediation fails, on to the Queensland Civil and Administrative Tribunal (QCAT), or the magistrates court, depending on the size of the claim.
In many cases simple disputes over fencing and boundaries to properties can be resolved with friendly discussion with neighbours.
It is expensive to take someone to court so if you are involved in a boundary dispute it would be a good idea to try and resolve the problem amicably before hiring lawyers and filing for a court resolution.