Neighbourhood Disputes (Dividing Fences and Trees) Act 2011
sec.36Sufficient dividing fence matters for QCAT consideration
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sec.36 Sufficient dividing fence matters for QCAT consideration
In deciding an application about whether a dividing fence is a sufficient dividing fence, QCAT may consider all the circumstances of the application, including the following— any existing or previously existing dividing fence; the purposes for which the 2 parcels of land consisting of the adjoining land are used, or intended to be used; the kind of dividing fence normally used in the area; whether the dividing fence is capable of being maintained by the adjoining owners; any policy adopted, or local law made, in relation to dividing fences by a local government for the area where either parcel of land is situated; any requirement for fencing work in a development approval for the land of either adjoining owner; any written agreement made between the adjoining owners for the purposes of this chapter.
- (a) any existing or previously existing dividing fence;
- (b) the purposes for which the 2 parcels of land consisting of the adjoining land are used, or intended to be used;
- (c) the kind of dividing fence normally used in the area;
- (d) whether the dividing fence is capable of being maintained by the adjoining owners;
- (e) any policy adopted, or local law made, in relation to dividing fences by a local government for the area where either parcel of land is situated;
- (f) any requirement for fencing work in a development approval for the land of either adjoining owner;
- (g) any written agreement made between the adjoining owners for the purposes of this chapter.