sec.35Orders about carrying out fencing work

sec.35 Orders about carrying out fencing work

QCAT may, for an application in relation to fencing work for a dividing fence, decide and order any 1 or more of the following— the line on which the fencing work is to be carried out, whether or not that line is on the common boundary of the adjoining land; the fencing work to be carried out, including the kind of dividing fence involved; the way in which contributions for the fencing work are to be apportioned or reapportioned or the amount that each adjoining owner is liable to pay for the fencing work; the part of the dividing fence to be constructed or repaired by either adjoining owner; the time by which the fencing work is to be carried out; any other work to be carried out that is necessary to carry out the fencing work ordered under this section including work for a retaining wall; that, in the circumstances, no dividing fence is required for all or part of the boundary of the adjoining lands; that a fence has been used, or could reasonably be used, as a dividing fence under section 15 ; the amount of compensation payable to an adjoining owner for damage or destruction to a dividing fence caused by another adjoining owner or a person mentioned in section 26 (1) (b) ; that an adjoining owner remove a thing attached to a dividing fence and restore the dividing fence; the amount of compensation payable to an adjoining owner for the removal of a fence under section 33 (3) . The occupation of land on either side of a dividing fence, as a result of an order that fencing work is to be carried out on a line other than on the common boundary of the adjoining lands, does not affect the title to, or possession of, the land. (sec.35-ssec.1) QCAT may, for an application in relation to fencing work for a dividing fence, decide and order any 1 or more of the following— the line on which the fencing work is to be carried out, whether or not that line is on the common boundary of the adjoining land; the fencing work to be carried out, including the kind of dividing fence involved; the way in which contributions for the fencing work are to be apportioned or reapportioned or the amount that each adjoining owner is liable to pay for the fencing work; the part of the dividing fence to be constructed or repaired by either adjoining owner; the time by which the fencing work is to be carried out; any other work to be carried out that is necessary to carry out the fencing work ordered under this section including work for a retaining wall; that, in the circumstances, no dividing fence is required for all or part of the boundary of the adjoining lands; that a fence has been used, or could reasonably be used, as a dividing fence under section 15 ; the amount of compensation payable to an adjoining owner for damage or destruction to a dividing fence caused by another adjoining owner or a person mentioned in section 26 (1) (b) ; that an adjoining owner remove a thing attached to a dividing fence and restore the dividing fence; the amount of compensation payable to an adjoining owner for the removal of a fence under section 33 (3) . (sec.35-ssec.2) The occupation of land on either side of a dividing fence, as a result of an order that fencing work is to be carried out on a line other than on the common boundary of the adjoining lands, does not affect the title to, or possession of, the land.