Queensland Neighbourhood Disputes
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  • Noise
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    • Hoons, Burnouts and Street Racing
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    • What if a noise complaint is made against you?
  • Animals
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    • What if a complaint is made against your animal?
  • Nuisance
    • What is "unreasonable" behaviour?
    • What can I do about my neighbour's behaviour?
    • Public Health and Safety
    • Pollution
    • What if a complaint has been made against your behaviour as a neighbour?
  • Fences
    • Boundary fences >
      • A retaining wall or a wall that is part of a house, garage or other building
      • An Existing Dividing Fence
      • Dividing fence which also serves as a pool barrier
      • No Fence >
        • Proposed Fencing
    • Stock Route
    • State Plantation Forest
    • Unallocated State Land
    • Agricultural Land
    • What do I do if my neighbour approaches me about a dividing fence issue?
  • Trees
    • Do I have a tree dispute? >
      • The Tree is almost entirely or is entirely on your neighbours property >
        • Overhanging branches
        • Serious injury, damage or substantial, ongoing or unreasonable interference
      • The Tree is on my property and is my responsibility
  • Land and Building Use
    • Development Permits and Approvals >
      • Checking your local planning scheme? >
        • Self-assessable developments
        • Impact-assessable developments
    • Easements and Covenants >
      • Easements
      • Covenants
    • Community Title >
      • Disputes under Community Title
  • About
Other land

A fence may be built on the common boundary of adjoining properties.

A dividing fence is a structure, ditch or embankment, or a hedge, which encloses or creates a boundary around land. It may be continuous or it may extend along the entire boundary separating the land of neighbours. A dividing fence includes:
  • A gate, cattle grid or apparatus necessary for the operation of the fence; 
  • A natural or artificial watercourse separating the land of adjoining owners; and
  • A foundation or support built solely for the support and maintenance of the dividing fence.

While a dividing fence will normally be on common boundary of adjoining properties, a fence separating your and your neighbour’s properties which is constructed on a line other than the common boundary will also be a dividing fence if it is impracticable to construct a fence entirely on the boundary because of natural physical features – for example, a stream or rock outcrop.

A dividing fence does not include:
  • A retaining wall (i.e. a structure erected to support an excavated or filled embankment); or
  • A wall that is part of a house, garage or other building.

Select the topic below that best describes the type of structure on your property:
  • A retaining wall or a wall that is part of a house, garage or other building
  • An existing dividing fence
  • A dividing fence which also serves as a pool barrier
  • No fence 
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