Fence Disputes2024-10-14T10:57:32+00:00

FENCE DISPUTES

Every Move Matters

Litigation Lawyers Sunshine Coast

Every – Move – matters

fence Disputes

Disputes over dividing fences can strain relationships and disrupt both personal and business interactions. These conflicts may involve issues such as maintenance responsibilities, cost-sharing, or boundary disputes.

At Axia Litigation Lawyers, we understand the complexities these disputes bring and are dedicated to resolving them effectively under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld). We are committed to protecting your interests while minimising any impact on your relationships.

Our objective is to resolve disputes amicably through negotiation and alternative dispute resolution methods such as mediation, aiming to avoid prolonged litigation and unnecessary costs. Should these methods prove unsuccessful, Axia Litigation Lawyers is fully prepared to escalate the matter to the Queensland Civil and Administrative Tribunal (QCAT) or pursue litigation to robustly defend your property rights.

Contact us: Monday to Friday : 9 am – 5 pm

Get Legal Support
Get Legal Support

Every – Move – matters

fence Disputes

Disputes over dividing fences can strain relationships and disrupt both personal and business interactions. These conflicts may involve issues such as maintenance responsibilities, cost-sharing, or boundary disputes.

At Axia Litigation Lawyers, we understand the complexities these disputes bring and are dedicated to resolving them effectively under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld). We are committed to protecting your interests while minimising any impact on your relationships.

Our objective is to resolve disputes amicably through negotiation and alternative dispute resolution methods such as mediation, aiming to avoid prolonged litigation and unnecessary costs. Should these methods prove unsuccessful, Axia Litigation Lawyers is fully prepared to escalate the matter to the Queensland Civil and Administrative Tribunal (QCAT) or pursue litigation to robustly defend your property rights.

Contact us: Monday to Friday : 9 am – 5 pm

Get Legal Support
Get Legal Support
Fence Dispute Resolution

Achieve fair outcomes, minimise neighbourly tension.

Boundary Clarity

Defining lines, protecting property rights effectively.

Expert Representation

Strong advocacy in negotiations and QCAT.

Compliance Guidance

Understand your rights under the Act.

Every – Move – Matters

how Axia Can Help With Your Fence Dispute.

At Axia Litigation Lawyers, we prioritize resolving fence disputes swiftly and amicably, preserving good neighborly relations. Our expert legal team guides you through the complexities of your dispute, aiming for a quick and fair resolution with minimal disruption. We ensure your rights are protected and comply with the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011. Our lawyers navigate the legal landscape using strategic negotiation and, if needed, strong legal representation to uphold your interests and maintain community peace.

We can assist clients with fence disputes in several critical ways:

We begin by offering a comprehensive initial assessment of the client’s position in relation to the fence dispute, considering the specific facts and the applicable legal framework under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011.

Our team provides expert legal advice on the rights and obligations of the parties involved in the fence dispute, including advice on the definition of a ‘sufficient dividing fence’, cost-sharing responsibilities, and the procedural steps required to resolve the dispute.

We engage in robust negotiations on behalf of our clients, aiming to reach an amicable settlement with the adjoining landowner without the need for litigation. This includes the preparation and exchange of ‘Notice to Contribute for Fencing Work’ documents.

If negotiations do not yield a satisfactory outcome in your fence dispute, Axia Litigation Lawyers are equipped to represent clients in alternative dispute resolution forums or, if necessary, at QCAT to secure a just resolution of the dispute.

We ensure all necessary documentation is accurately prepared and filed, including notices, quotes for fencing works, and applications to QCAT, adhering to all relevant deadlines and procedural requirements.

Should the matter proceed to QCAT, our lawyers provide skilled representation, presenting our client’s case persuasively, and seeking orders that reflect their interests, whether it pertains to the type of fence, the sharing of costs, or the timeline for construction.

Following a QCAT decision, we assist clients with the enforcement of orders, ensuring that the agreed upon or ordered actions in relation to your fence dispute are implemented, and that our clients receive any contributions or reparations awarded by the tribunal.
  • Initial Consultation
  • Legal Advice
  • Negotiation
  • Dispute Resolution
  • Documentation
  • Representation at QCAT
  • Enforcement of Orders
Initial Consultation
We begin by offering a comprehensive initial assessment of the client's position in relation to the fence dispute, considering the specific facts and the applicable legal framework under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011.
Legal Advice
Our team provides expert legal advice on the rights and obligations of the parties involved in the fence dispute, including advice on the definition of a 'sufficient dividing fence', cost-sharing responsibilities, and the procedural steps required to resolve the dispute.
Negotiation
We engage in robust negotiations on behalf of our clients, aiming to reach an amicable settlement with the adjoining landowner without the need for litigation. This includes the preparation and exchange of 'Notice to Contribute for Fencing Work' documents.
Dispute Resolution

If negotiations do not yield a satisfactory outcome in your fence dispute, Axia Litigation Lawyers are equipped to represent clients in alternative dispute resolution forums or, if necessary, at QCAT to secure a just resolution of the dispute.
Documentation
We ensure all necessary documentation is accurately prepared and filed, including notices, quotes for fencing works, and applications to QCAT, adhering to all relevant deadlines and procedural requirements.
Representation at QCAT
Should the matter proceed to QCAT, our lawyers provide skilled representation, presenting our client's case persuasively, and seeking orders that reflect their interests, whether it pertains to the type of fence, the sharing of costs, or the timeline for construction.
Enforcement of Orders
Following a QCAT decision, we assist clients with the enforcement of orders, ensuring that the agreed upon or ordered actions in relation to your fence dispute are implemented, and that our clients receive any contributions or reparations awarded by the tribunal.

Over 75 Years of Combined Experience

Meet Our Expert Team

Axia Litigation Lawyers provide exceptional service and peace of mind for their clients. Based on the Sunshine Coast, Queensland, the Axia team services clients throughout Australia and abroad.

Adam Brown

Managing Director

Adam is the founder and Managing Director of Axia Litigation Lawyers. Having worked in Litigation and Dispute Resolution for over…..

Deneil Brown, Chief Operating Officer, Axia Litigation Lawyers
Deneil Brown

Chief Operating Officer

Deneil has been immersed in the legal industry for over 25 years and has vast experience across practice management, accounts and paralegal…

Nakita Brown, Senior Associate, Axia Litigation Lawyers
Nakita Brown

Senior Associate

Nakita is an experienced commercial litigation lawyer, bringing over ten years of legal knowledge to the table. She spent her early career…

Shane Ulyatt, Senior Associate, Axia Litigation Lawyers
Shane Ulyatt

Senior Associate

With a specialised focus on civil and commercial litigation and dispute resolution, Shane expertly handles a broad spectrum of legal matters…

Sam nelson

Lawyer

Sam’s expertise of commercial and civil litigation ranges from building and construction disputes, commercial and retail shop lease matters ….

Adam Brown
Adam Brown
Managing Director

Adam is the founder and Managing Director of Axia Litigation Lawyers. Having worked in Litigation…..

Deneil Brown
Deneil Brown
Chief Operating Officer

Deneil has been immersed in the legal industry for over 25 years and has vast experience across…

Nakita Brown
Nakita Brown
Senior Associate

Nakita is an experienced commercial litigation lawyer, bringing over ten years of legal knowledge…

Shane Ulyatt
Shane Ulyatt
Senior Associate

With a specialised focus on civil and commercial litigation and dispute resolution, Shane expertly…

Sam Nelson
Sam Nelson
Lawyer

Sam’s expertise of commercial and civil litigation ranges from building and construction disputes…

What is The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011?

The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 is legislation enacted by the Queensland Parliament to provide a clear and comprehensive framework for resolving disputes between neighbours relating to dividing fences and trees. This Act delineates the rights and responsibilities of property owners regarding the maintenance, repair, and erection of dividing fences, as well as the management of trees that may affect neighbouring properties. Key provisions of the Act include:

The Act defines a dividing fence and sets out how the costs of carrying out fencing work should be shared between neighbours. It includes mechanisms for giving notice, negotiating and reaching agreements, as well as processes for resolving disputes should they arise.

The Act addresses issues related to overhanging branches and roots, providing guidance on the responsibilities of tree-keepers and the rights of affected neighbours. It also outlines the process for neighbours to follow if they wish to have trees trimmed or removed that are causing or likely to cause damage or undue interference.

The Act encourages neighbours to resolve their disputes through discussion and negotiation. If an agreement cannot be reached, it provides for a formal process through the Queensland Civil and Administrative Tribunal (QCAT) to make orders regarding the dispute.

QCAT has the power to make orders about fencing disputes and tree disputes, including orders about how a fence should be constructed, repaired or maintained, and orders about the removal or trimming of trees.

The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 aims to promote good neighbour relations by providing a fair and balanced approach to resolving common issues that can arise between adjoining landowners. It is designed to minimise legal conflict by providing clear guidance and procedures that neighbours can follow.

Axia Litigation Lawyers can add significant value to clients facing disputes under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 by providing expert legal advice, strategic negotiation skills, and robust representation at QCAT, ensuring that our clients’ rights are vigorously protected and pursued in accordance with the Act’s provisions.

Frequently Asked Questions About Fence Disputes

A ‘sufficient dividing fence’ is one that is considered adequate by both parties in terms of its design, dimensions, and the materials used, taking into account the existing fences in the immediate area, the purposes for which the neighbours use their land, reasonable privacy concerns, and any local council regulations.

Generally, both neighbours are equally responsible for the costs associated with constructing and maintaining a dividing fence. The Act provides guidance on how these costs should be shared.

If neighbours cannot reach an agreement, either party may issue a ‘Notice to Contribute for Fencing Work’ to the other party, detailing the proposed fencing works and the estimated costs. If there is still no agreement, the matter may be taken to the Queensland Civil and Administrative Tribunal (QCAT) for resolution.

Before undertaking any repair or replacement of a dividing fence, it is advisable to discuss the matter with your neighbour. If urgent repairs are needed, you may carry them out, but you should inform your neighbour as soon as possible. For non-urgent repairs, if an agreement cannot be reached, you may need to follow the notice procedure or seek an order from QCAT.

If a neighbour intentionally or negligently damages the fence, they may be responsible for the cost of repairs. If they refuse to pay, you may need to issue a notice or seek a QCAT order to recover the costs.

A ‘Notice to Contribute for Fencing Work’ must be in writing and include a description of the proposed work, the reasons for the work, the estimated cost, and the proposed contribution by each neighbour. The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011, provides a specific form for this notice.

If a neighbour constructs a fence without your agreement, they may not be entitled to seek a contribution from you. However, if the fence is deemed a ‘sufficient dividing fence’, you may be required to contribute. Disputes of this nature often require resolution by QCAT.

If you desire a fence that exceeds the standard of a ‘sufficient dividing fence’, you may be liable for the additional costs. Your neighbour is generally only required to contribute to the cost of a ‘sufficient dividing fence’.

QCAT can make orders about the type of fence to be built, the sharing of costs, the line on which a fence should be built, and the performance of any fencing work. QCAT will consider the legislation, any relevant local laws, and the circumstances of the case.

Yes, if QCAT makes an order for the construction or repair of a dividing fence, you may be compelled to pay your share of the costs as determined by the tribunal.

These FAQs are designed to provide a general understanding of fence disputes and are not a substitute for professional legal advice. For specific guidance on your situation, please contact our firm for a consultation with an expert in property disputes.

Every – Move – Matters

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