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NEIGHBOURHOOD DISPUTES (DIVIDING FENCES AND TREES) ACT 2011 - SECT 37
Application for order in absence of adjoining owner
37 Application for order in absence of adjoining owner
(1) An owner may apply to QCAT for an order, in the absence of the adjoining
owner, authorising the carrying out of fencing work, including the way in
which contributions for the work are to be apportioned.
(2) An order may be
made under subsection (1) if QCAT is satisfied that the owner could not locate
the adjoining owner after making all reasonable inquiries. Examples of
reasonable inquiries— • searching the electoral roll or telephone
directory
• making inquiries with immediate neighbours, tenants, real
estate agents and the local government about where the adjoining owner is
(3) An owner who carries out fencing work authorised by an order under this
section and who later locates the adjoining owner may— (a) give a copy of
the order to the adjoining owner; and
(b) after 1 month from the day of
giving a copy of the order, recover from the adjoining owner the adjoining
owner’s contribution as stated in the order.
(4) The adjoining owner given
a copy of an order under subsection (3) may, within 1 month after being given
the copy, apply to QCAT for a variation of the order and QCAT may vary the
order in any way it considers appropriate.
(5) This section continues to
apply to the owner or adjoining owner even if, after the order was made, the
owner or the adjoining owner stopped owning the relevant parcel of land
consisting of the adjoining land.
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