When it comes to reasons for neighbourly disputes, the installation of a dividing fence is right up there. There are several factors that can lead to unwanted tension such as the type of fence, the cost of installation and height. When you consider these variables it’s easy to understand how 2 different homes might butt heads when deciding what fence they would like to put up along the boundary line.
In terms of legislation, a fence is defined as anything that encloses an area of land. This includes natural formations such as hedges, creeks and ditches. In terms of constructed fencing, a dividing fence also includes gates or any other attachments. Dividing fences should, if possible, be constructed directly along the boundary line that sits between properties. This can be an issue if the boundary line runs along terrain that makes it impossible to construct a fence.
The ownership of the fence is dependent on whose property it sits on. If the fence is installed along the property line it is equally owned by both neighbours. This is the ideal situation but sometimes it cannot follow the exact property line and when this happens ownership will belong to the owner of the land, regardless of who paid for its construction. This also applies if only a part of the fence is not on the boundary line.
A dividing fence will have its costs divided evenly between the neighbours with whom the property line is shared, with some exceptions. The person initiating the construction must issue a letter to their neighbour stating their intent to construct a dividing fence and requires 1 quote at minimum to be attached. If the neighbour thinks the quote given is too high, they can get another quote and the 2 parties will have to agree on which one to go with.
The only time that the cost of a dividing fence will not be shared equally is when one party wants something above what the Queensland Government stipulates as a “sufficient dividing fence”. We will take a look at what that means, but for now imagine that the neighbour needs a fence to be a certain height to prevent pets from escaping. The height of a sufficient fence is listed as being between 0.5 and 1.8 metres high. If the neighbour requires a fence higher than this, they will need to pay the extra costs themselves, while ownership will remain the same.
Under Queensland law, a dividing fence is considered sufficient as long as it adheres to the following:
A dividing fence is considered ‘sufficient’ if the fence:
These stipulations are in place in order to better avoid disputes but they do not need to be strictly followed if both parties agree that a proposed fence design is agreeable. Mediation is strongly encouraged when constructing a fence along the property line but there are times when a 3rd party is needed in order to settle disputes between neighbours. When this happens, there are some resources available to sort out the problem and finalise the fence design.
We mentioned previously that the ideal course of resolution is to settle any disputes with your neighbours directly. For this reason, the Queensland Government has created a handy guide with tips for resolving fencing disputes. If negotiations prove fruitless, the next step would be to enter mediation with a third party at a dispute resolution centre. These are littered throughout Queensland and offer a cheap and affordable way to settle disputes without having to go to court or tribunal.
If you cannot have the dispute resolved by mediation, the issue would be sent to the Queensland Civil and Administrative Tribunal (QCAT). QCAT can resolve fencing disputes provided the fencing cost is equal to or less than $25,000. Their decisions are legally enforceable and take other fences throughout your neighbourhood into account in order to ensure any verdict is fair to both parties.
We have installed our fair share of dividing fences in our time and in our experience most neighbours are able to come to an agreement when deciding on a dividing fence. By consulting with us you gain decades of experience which means a smoother process during both the design and installation phases. We can alert you to certain conditions, such as which side of a standard timber fence will face your property, that might require you to offer more than your share.
To talk with an experienced fencing consultant about your dividing fence, get in touch with Northside Fencing on (07) 3491 4100. We can advise you on what steps you need to take and provide obligation free quotes for you to submit to your neighbours. As we produce our own fencing materials we are confident our quotes will present the best value possible, which makes getting the greenlight all the more easier. You can also contact us online by filling in our contact form.