Queensland Consolidated Acts

NEIGHBOURHOOD DISPUTES (DIVIDING FENCES AND TREES) ACT 2011 - SECT 36

36 Sufficient dividing fence matters for QCAT consideration

In deciding an application about whether a dividing fence is a sufficient dividing fence, QCAT may consider all the circumstances of the application, including the following—

(a) any existing or previously existing dividing fence;

(b) the purposes for which the 2 parcels of land consisting of the adjoining land are used, or intended to be used;

(c) the kind of dividing fence normally used in the area;

(d) whether the dividing fence is capable of being maintained by the adjoining owners;

(e) any policy adopted, or local law made, in relation to dividing fences by a local government for the area where either parcel of land is situated;

(f) any requirement for fencing work in a development approval for the land of either adjoining owner;

(g) any written agreement made between the adjoining owners for the purposes of this chapter.