What is a dividing fence dispute?
A dividing fence dispute may arise if owners of adjoining properties disagree about fence construction or maintenance.
Dealing with dividing fences
Owners of adjoining properties may be equally responsible for the construction and repair of the dividing fence.
When wishing to build an adjoining fence you should give your neighbour a notice to contribute for fencing work either in person or by post.
- specifying the common boundary to be fenced
- specifying the kind of fence you propose building
- outlining a proposal for the fence including an estimate of the cost, the neighbour’s contribution and the method of construction. As a matter of courtesy two written quotes should be supplied. This letter is called a notice to fence.
How can I resolve the dispute?
If your neighbour refuses to contribute, challenges the cost or disagrees with the type of fence or repairs, you must not go ahead and build or repair the fence. If you both cannot reach an agreement after one month of giving your neighbour a notice to fence, either of you may:
- invite the other party to attend mediation which is a way of settling a dispute without legal action – the Department of Justice and Attorney-General provides a free mediation service through its Dispute Resolution Branch, or
- apply to the Magistrates Court to resolve your dispute, or
- apply to QCAT to resolve the dispute. QCAT hears dividing fence disputes which are valued up to and including $25,000 (excluding interest). If your dispute is about a dividing fence that is part of a pool barrier, the amount in dispute is unlimited.
Please note you cannot apply to QCAT or the Magistrates Court to resolve your dividing fence dispute unless you delivered (served) a notice to fence to your neighbour.
If you have started to construct or repair your fence without your neighbour’s agreement or authorisation through a QCAT order, you may wish to seek legal advice about your options.
Fees for dividing fence disputes
|Applications or referrals under:||Application fee||Leave to appeal / Appeal fee|
|Not more than $500, or no amount claimed||$27.90 (not payable by State-related person*)||$358.00|
|More than $500 but not more than $1,000||$71.65 (not payable by State-related person*)||$358.00|
|More than $1,000 but not more than $10,000||$127.50 (not payable by State-related person*)||$358.00|
|More than $10,000||$358.00 (not payable by State-related person*)||$716.10|
* State-related person means (a) the Sovereign; or (b) the State or a person acting for the State; or (c) an entity whose expenditure is payable, in whole or in part, out of the consolidated fund or a person acting for the entity.