Queensland Vendor Finance Lawyer

This article briefly examines the circumstances where the fencing work costs may be borne by one neighbor only rather than being shared on a 50/50 basis. As with any other case, the list is not meant to be exhaustive and every case turns on its own facts. Where is the dividing fence? In order to determine the location of the dividing fence and whether that lies on the common boundary line between the two neighbors’, you need to engage a qualified cadastral surveyor. His/her job is to identify the exact location of the dividing fence in relation to the common boundary line. Do I need to contribute towards the costs of rebuilding the dividing fence? The short answer with a few exceptions is yes. Often when the fence is dividing the common boundary between you and your neighbor, the neighbor who seeks to replace or repair the fence requests a contribution from you for the costs of rebuilding/repairing the fence. It is not uncommon that in such circumstance,  the costs be shared on a 5...

This article aims to briefly discuss the challenges facing residential neighbours when a dispute between two neighbours in relation to a  retaining wall arises.  Generally, an attempt is made here to simulate the subject with recommendations as to how you may resolve the dispute with your neighbor. Retaining wall in a nutshell Retaining walls is not defined in the  Neighbourhood Disputes  (Dividing Fences and Trees) Act 2011  (Qld) (NDA). Instead, the phrase is defined in the Macquarie dictionary to mean a wall built to hold back a mass of earth, for example.  Generally, retaining walls involve engineering specifications prior to construction.  The tribunals have said, that, unlike fences, it is not usually possible to make both adjoining owners liable for the cost of maintaining,  repairing or replacing a retaining wall.  This is because usually, a retaining wall is of greater benefit to one of the adjoining owners. For clarity, the retainin...