Queensland Consolidated Acts

NEIGHBOURHOOD DISPUTES (DIVIDING FENCES AND TREES) ACT 2011 - SECT 40

40 Process if common boundary not agreed

(1) This section applies if adjoining owners do not agree on the position of the common boundary for the purposes of carrying out fencing work for a dividing fence.

(2) An owner may give a written notice to the adjoining owner, or the adjoining owner’s agent, of the owner’s intention to have the common boundary defined by a cadastral surveyor engaged by the owner.

(3) If an adjoining owner is given a notice under subsection (2) , the adjoining owner may, within 1 month after the notice is given—

(a) have the common boundary defined by a cadastral surveyor engaged by the adjoining owner and give the owner written advice of the common boundary as defined by the cadastral surveyor; or

(b) give the owner written advice of the common boundary as defined by the adjoining owner if the adjoining owner is satisfied of the accurate position of the common boundary.

(4) Unless an owner who has given notice under subsection (2) receives advice under subsection (3) (a) , the owner may have the common boundary defined by a cadastral surveyor engaged by the owner.

(5) If the common boundary defined by a cadastral surveyor engaged by the owner under subsection (4) is in about the same position as the position defined by the adjoining owner in an advice under subsection (3) (b) , the adjoining owner is not liable for any of the reasonable cost of engaging the cadastral surveyor.

(6) If subsection (5) does not apply—

(a) adjoining owners are each liable for half the reasonable cost of engaging a cadastral surveyor under this section to define the position of the common boundary; and

(b) if 1 adjoining owner pays the entire cost, the half payable by the other adjoining owner is recoverable as a debt by the first adjoining owner.

(7) In this section—

"cadastral surveyor" means a person registered as a cadastral surveyor under the Surveyors Act 2003 .