This article is the second in your series on all things dividing fences! This time we set out the procedure for resolving dividing fence disputes with a neighbour when an agreement cannot be reached.
In Queensland, the procedure for resolving a dividing fence dispute begins with the serving of a Notice to Contribute for Fencing Work. It should be noted that if urgent fencing work is needed there is also a procedure to provide a Notice to Contribute for Urgent Fencing Work to a neighbour.
Where can I find a Notice to Contribute for Fencing Work Form?
The Notice to Contribute for Fencing Work Form can be found on the Department of Justice and Attorney-General’s website, which is accessible by clicking here.
When do I fill out and serve the Notice to Contribute for Fencing Work Form?
It is important that the Notice to Contribute for Fencing Work is completed and served on a neighbour before any work is carried out. If you carry work out before serving the notice you will not be able to obtain any contribution towards the cost of the fence from your neighbour.
A quote for the fencing work proposed must be attached to the notice and the proportions that you propose that you and your neighbour shall contribute is required to be set out in the notice. The maximum contribution that you can seek from your neighbour, in the absence of an agreement, is 50% of the total cost.
How long does my neighbour have to respond?
Your neighbour will have one month from the date you serve the Notice to Contribute for Fencing Work on them to respond.
If your neighbour responds and agrees to contribute to the fencing work, then the fencing work can proceed as per the quote obtained and the contributions agreed between yourself and your neighbour.
If your neighbour does not agree or does not respond, you must then apply to the Queensland Civil and Administrative Tribunal (QCAT) for an order that your neighbour contribute for fencing work.
In your next article we will explain how an application to QCAT is made.
If you require any assistance with dividing fence dispute resolution, feel free to call and chat to one of our friendly solicitors today on 1300 663 236.