Where should I build my fence?
Fences are usually built on the boundary.
To find out exactly where your boundary is you should engage a Consulting Cadastral Surveyor to perform a boundary identification survey. A cadastral surveyor will identify your boundaries, place survey marks at the corners and prepare an identification survey plan as a record of the survey.
The Neighbourhood Disputes Resolution Act 2011 provides an avenue for you and your neighbour to share the costs of building a fence, which includes sharing the cost of a boundary identification survey so the fence can be built on the boundary. This Act relates to constructing and repairing fences that divide adjoining freehold land, and generally under this legislation owners of adjoining land not separated by an adequate fence can be liable to contribute equally to the cost of a dividing fence. For further details you should refer to the Housing and Neighbours section on the Queensland Government website or contact a solicitor.
In our experience if you build a fence and it is not on the boundary it will often cause disputes in the future. Further if the fence encroaches onto your neighbour’s lot you may be required to remove it and be liable to contribute to the costs of a new fence on the boundary. While a boundary survey may seem expensive it is worth knowing you have built the fence correctly on your boundary and an investment in your property. Your house is often your most valuable asset so it is worth the money to know exactly where your boundaries are - whether the fences are correct, whether the tree is in your property, where you can build your shed etc.
Neighbourhood disputes can be stressful and costly. We highly recommend having a boundary identification survey performed prior to erecting a fence.