Neighbour dispute: replacing wire fence with timber

You cant just knock her fence down and you cant ask her for half as there is an existing fence already there. What you can do is build your fence hard up on the one that is there - I would do it touching the boundry but all on your side - and she can keep her precious fence while you have your new timber fence. Everyone has a right to fence their property and you have tried to be civil so just do what you gotto do. Not a lot she can do about it. Similarly she could paint the side of her house bright pink and there isnt much you could do about that.

p.s. dont waste your time with council they are useless and will just waste your time. If you're still worried and want a professional answer ask a private certifier.

Cheers Stevoh, yes that is the last resort though I want it on the boundary line (and happy to pay for removal/erection) due mainly to the narrow driveway. And its also a pita to fix the rails through the wire fence.

If I have to follow that route then I will be pre-painting it luminous pink with green spots on her side. Or perhaps I'll commission a graffiti artist...

Ps: how do I become a flaccid member?

Originally Posted by zoutie

Ps: how do I become a flaccid member?

its the one just before Long Member

Have you considered a compromise - build a six foot fence along the full boundary, but slope the last two panels down to 4 foot. This would obviate the issue of visual access and is, in my experience, the preferred approach to these things. As regards the argument of overshadowing, that is a complete nonsense in Brisbane*, particularly when her grounds are clearly heavily vegetated anyway. I would be checking out the boundary fences act (or whatever they call it in Queensland these days). I seem to recall they revised it and made it possible for one neighbour to replace the fence (at their expense) in the face of opposition. I may be wrong, but well worth reading up on it. Council is not a party to boundary disputes and while they offer a service, (be grateful they do - most don't) it will not be a comprehensive service.

*I had a property in Wooloongabba with six foot fences one all sides - and no problems with lack of sunshine on my 340msquare block

Originally Posted by Black Cat

Have you considered a compromise - build a six foot fence along the full boundary, but slope the last two panels down to 4 foot. This would obviate the issue of visual access and is, in my experience, the preferred approach to these things. As regards the argument of overshadowing, that is a complete nonsense in Brisbane*, particularly when her grounds are clearly heavily vegetated anyway. I would be checking out the boundary fences act (or whatever they call it in Queensland these days). I seem to recall they revised it and made it possible for one neighbour to replace the fence (at their expense) in the face of opposition. I may be wrong, but well worth reading up on it. Council is not a party to boundary disputes and while they offer a service, (be grateful they do - most don't) it will not be a comprehensive service.

*I had a property in Wooloongabba with six foot fences one all sides - and no problems with lack of sunshine on my 340msquare block

Thanks for that black cat. The slope idea is a good one, but since the fence will butt up against a 6ft gate it will look odd and also negate her concern (when gate is closed you wouldn't be able to see the road even if no fence)

I will look into the fences act, thanks for the tip.

Cheers Black Cat, I looked into it and found this article from Nov 11 which changed the laws in Qld, but to summarise:

The new Neighbourhood Disputes Resolution Act replaces the 60-year-old Dividing Fences Act, providing “more effective remedies” to resolve disputes about dividing fences and trees. The Queensland Civil and Administrative Tribunal, rather than the courts, will be responsible for dealing with tree and fence disputes that get out of hand.

Under the laws, a person can issue a notice to a neighbour whose tree has branches hanging more than 50 centimetres over the boundary and less than 2.5 metres above the ground, with the tree-keeper urged to cut them within 30 days. You can bill up to $300 per year.

Anyway, where it deals with my issue is is not particularly helpful. The act is attached for future reference or here

Part 5 - Process for dealing with unauthorised construction or demolition
38 Application before unauthorised construction or demolition
1. If an owner believes on reasonable grounds that an adjoining owner intends to construct or demolish a dividing fence without authorisation, the owner may apply to QCAT for an order preventing the adjoining owner from constructing or demolishing the dividing fence.
2. The owner must give the adjoining owner a copy of the application at least 1 day before the application is heard.
Note—
Under the Acts Interpretation Act 1954, section 38(3), if the day before the application is heard falls on a day that is not a business day, the last day for giving a copy of the application is taken to be the next earlier business day.
3. On application under this section, QCAT may make an order preventing the adjoining owner from constructing or demolishing a dividing fence.

39 Application after unauthorised construction or demolition
1. If an owner constructs or demolishes a dividing fence without authorisation, the adjoining owner may apply to QCAT for an order requiring the owner to remove, modify or rectify the fence.
2. The adjoining owner must give the owner a copy of the application at least 3 days before the application is heard.
3. On application under this section, QCAT may make an order requiring the owner to—
(a) remove, modify or rectify the fence; and
(b) bear the costs of the removal, modification or rectification.



11AC025.pdf11AC025.pdf

Bother, Sorry to hear that - good ole queensland eh? Here any vegetation over the boundary you can cut by right of law. Any roots interfering with your property you can serve notice and make sure you copy your insurance into it, and fences are still by negotiation (which with my psycho neighbour was a rather laborious process. Well, good luck sorting it out. I think I would just opt for a high 'screen' (aka fence) on my side of the boundary in your case then.

So that covers dividing fences, but if you contain the fence solely on your side, as suggested above, and leave the dividing fence there, then what can they possibly do about it?

Cheers for the replies. Yes there's nothing that they can do if I put a fence on the inside, which is why I did that for part of the way (see first pic posted). But because it is so narrow, and I still need to allow space for future carport posts, I need it ON the boundary line.

IMO a timber lap and cap fence is a 'better' fence - so if I remove her fence and and replace with timber at my cost - would I really be made to tear it down and replace with wire again?! I wonder, I am tempted to just do it.

Incidentally she has done a major clear of some of the encroaching trees this week, although that is a side issue for me.

Cheers
Zoutie

Ps I'll fix those attachments when I can, they're not appearing for me via tapatalk

why not make your future carport posts part of the fence? shouldn't be an issue if it is completely constructed on your land?!
hope this helps!

Got there before me Pete - I would do the same if there are no set-back requirements in the local plan (best to check before you build or you will end up making some poor public servant's life hell having to go to a tribunal about it).

Thanks guys, yes I have been thinking about posts as part of the fence too, and since I am putting deck plans in anyway (and as part of that a boundary relaxation request) I'm going to see if I can get some economies and add the carport to it as well, despite the construction of that being a long way off.

I will no doubt receive a lot of pushback on the boundary relaxation too from the neighbour but I have to approach this some time (setback is 900 I believe which i can't give away in the narrow drive)

Cheers
Zoutie

Fingers crossed they send the letter to the address and the tenant's don't forward it on...

I was advised by a surveyor (while living in Woollongabba) that it might be a big disappointment - like the boundary might run right through my living room), so I would do that discreetly if I were you - not something to share with the neighbour if they own half the land your house is sitting on.

The current legislation in Queensland is the Neighbourhood Disputes Resolution Act 2011 You should read it - Chapter 2 Dividing Fences -particularly parts 3 and 4 - link provided. http://www.legislation.qld.gov.au/LE...hDisResA11.pdf It's not that hard to read and is pretty much written in plain English (well as plain as the lawyers can make it)

Queensland Civil and Administrative Tribunal (QCAT) is the applicable tribunal. If you want to fence, have a good reason to fence - go the the local Magistrates Court (Central, Sandgate, Holland Park, Wynnum etc) and apply under the UCPR (Uniform Civil Procedures Rules). Costs are negligible - usually less then $200 and solicitors are usually barred from the proceedings and costs are not usually awarded if you fail. So - give it a go

This act (Chapter 3) also covers neighbourhood trees overhanging your property. When you start billing her for overhanging tree removal - she may be more amenable to a new fence.

Hope this helps

This might be helpful.

Fencing disputes and regulations in Queensland Australia

Good luck.

Thanks very much guys