Queensland Consolidated Acts

NEIGHBOURHOOD DISPUTES (DIVIDING FENCES AND TREES) ACT 2011 - SECT 35

35 Orders about carrying out fencing work

(1) QCAT may, for an application in relation to fencing work for a dividing fence, decide and order any 1 or more of the following—

(a) the line on which the fencing work is to be carried out, whether or not that line is on the common boundary of the adjoining land;

(b) the fencing work to be carried out, including the kind of dividing fence involved;

(c) the way in which contributions for the fencing work are to be apportioned or reapportioned or the amount that each adjoining owner is liable to pay for the fencing work;

(d) the part of the dividing fence to be constructed or repaired by either adjoining owner;

(e) the time by which the fencing work is to be carried out;

(f) any other work to be carried out that is necessary to carry out the fencing work ordered under this section including work for a retaining wall;

(g) that, in the circumstances, no dividing fence is required for all or part of the boundary of the adjoining lands;

(h) that a fence has been used, or could reasonably be used, as a dividing fence under section 15 ;

(i) the amount of compensation payable to an adjoining owner for damage or destruction to a dividing fence caused by another adjoining owner or a person mentioned in section 26 (1) (b) ;

(j) that an adjoining owner remove a thing attached to a dividing fence and restore the dividing fence;

(k) the amount of compensation payable to an adjoining owner for the removal of a fence under section 33 (3) .

(2) The occupation of land on either side of a dividing fence, as a result of an order that fencing work is to be carried out on a line other than on the common boundary of the adjoining lands, does not affect the title to, or possession of, the land.