Queensland Consolidated Acts

NEIGHBOURHOOD DISPUTES (DIVIDING FENCES AND TREES) ACT 2011 - SECT 20

20 Liability for fencing work

(1) If there is no sufficient dividing fence between 2 parcels of land consisting of adjoining land, an adjoining owner is liable to contribute to carrying out fencing work for a sufficient dividing fence.

Note—

An adjoining owner may contribute by a payment of an amount or provision of labour or materials.

(2) If carrying out fencing work includes construction or replacement of a sufficient dividing fence, the fence must be constructed or replaced on the common boundary other than to the extent it is impracticable to do so because of natural physical features.

(3) However, other than for urgent fencing work, subsection (1) is only enforceable if—

(a) the adjoining owners have agreed under this chapter about carrying out the fencing work; or

(b) QCAT has ordered that the fencing work be carried out.

(4) To remove any doubt, it is declared that subsection (1) applies even if—

(a) there is already a dividing fence other than a sufficient dividing fence; or

(b) one or both parcels of land are vacant land.