The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011, which is outside the jurisdiction of Council, provides information in relation to mutual obligations requirements, processes and property owner's rights in relation to dividing fences and retaining walls on boundaries. Refer to the following link QCAT diving fence disputes for further information such as fact sheets, fees, forms, templates and contact details.
Definition of a dividing fence
A dividing fence is constructed on the common boundary line of adjoining land. Sometimes a dividing fence can be built off the common boundary line when it is impractical due to the physical features of the land. A fence is a structure, ditch or embankment, or a hedge or similar vegetation barrier, enclosing any land, whether or not it extends along the whole boundary of the land separating the neighbours. It includes any gate, cattle grid, or apparatus necessary for the operation of a fence.
Ownership of a dividing fence
A dividing fence is owned equally by the adjoining neighbours if it is built on the common boundary line. However, a fence or part of a fence built on one neighbour’s land is owned by that neighbour, even if the other neighbour contributed to the construction of the fence.
Dividing fence neighbouring with Council
Local, State and Commonwealth governments are exempt from the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011. You won't be able to claim half of the cost of this section of the fence if your land adjoins land owned by government and/or is a park, reserve, railway line etc. An exception may apply if Crown land is leased to other parties.
The construction of fencing bordering parkland will require consultation with us.