Legal Comment from Hinterland Lawyers

September 2005

In Queensland, the Dividing Fences Act 1953 requires adjoining landowners to contribute equally to the construction and maintenance of fences that divide their properties.

When it is necessary to build or repair a fence, the best practice is to discuss any proposed plans with your neighbour in the first instance.  If construction is required, discuss the type of fence, the cost of the planned fence, and mode of construction.  Keep a written record of any agreed details.

If initial discussions prove unsuccessful, you may need to compel your neighbour to contribute by serving them with a written notice.  In relation to construction, a 'Notice to Fence' should be served that specifies:-

• The line on which it is proposed to construct the fence (you may need to engage a surveyor to define the boundary if there is any uncertainty);
• The kind of fence proposed; and
• The cost and method of construction (it is courteous to include two quotes).

If an agreement cannot be reached within one month of service of the notice, you may apply to the Magistrates Court or Small Claims Tribunal to have an order made.  If after three months of the order being made your neighbour has not complied, you may construct the whole fence and recover the cost from your neighbour.

The process is similar for repairs, the required notice being a 'Notice to Repair'.  In general, if your neighbour does not assist with the repairs within one month of being served with the notice and has not supplied you with a written response, you may repair the fence and recover half the cost of repairs from your neighbour.  It should be noted however that if the repairs are required as a result of the negligence of one landowner, that landowner is responsible for the entire cost of the required repairs.  Being aware of these guidelines should help you to 'keep it neighbourly'.

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