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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I would like to know what are my rights when my neighbour

Customer Question

Hi, I would like to know what are my rights when my neighbour commences the construction of dividing fence without my knowledge or consent. It is just over 1.80 m and starts from our verge and only to the rear of our house. We live in a rural acreage estate in Black Mountain Qld. We are zoned rural settlement and our property is 6400sm. There are only a couple of palling fences in the area, our street for example has no dividing fences. This construction is obscene to the and to the environment. I have studied all info on Qld fence disputes including QCAT and.they don't seem to handle my problem, it is always from the party who wants to build the fence. I have engaged my to why the fence is necessary and she said it was for privacy and had instructed her builder to build the fence within 3" on her side of the dividing line, telling me " I can do what I like on my property". I am sure that this attitude goes back to 12 mths ago when I built a shed on that boundary, however I did advise her personally prior to commencement and she did not show anyfeelings one way or the other.
My concerns are:
I was not informed of the fence until the post holes commenced
The 1.80+fence is a completely inappropriate for the area
It is over 1.80 m
There are no fences like this within the area
Our property is I feel,rural and larger than 5000sm which is conforms to rural residential and therefore differs from ordinary residential zoning.
Look forward to your reply
John S
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Usually any fence higher than the standard 1.8 meters requires council approval.

You can report them to council.

If you wish to stop them building you need to seek an injunction.

But you should report them to council if they have not had any approval as it is above the standard height and because they have not discussed this with you, they cannot seek contributions.

I hope this makes sense and is of assistance.

Customer: replied 1 year ago.
Qld Councils do not handle fencing disputes, all disputes are handled by QCAT a Qld Gov Department. They don't provide the info I require as I am not putting up the fence. I thought I was communicating with a Qld advisor, that's what the message area indicated. Pls refer on my enquiry if you could as the info provided does not provide the actions I should take.
Thanks, ***** *****
Expert:  Leon replied 1 year ago.

Good Morning

They deal with approvals. If it is higher than the rules allow they will get involved because it is a breach of their regulations.

They will tell you what they allowable height is. Anything above that requires formal approval.

You have to write to the owner that their fence does not comply with the council heigh requirements. You can obtain that from council.

If you wish to go to QCAT you have to seek an injunction to stop them building because they are in breach of the regulations.