Boundary disputes can affect Queensland property owners, neighbours and body corporate committees. They may lead to maintenance costs, planned work and ongoing relationship issues.
This guide explains how to identify the issue, clarify responsibility and choose a dispute-resolution pathway.
How do you resolve a boundary dispute in Queensland?
Start by identifying what the disagreement concerns. A fence dispute between adjoining owners, a tree affecting neighbouring land and a common-property maintenance issue may follow different processes.
Gather relevant plans, correspondence, photographs, quotations and previous agreements. Keep discussions focused on the problem, the outcome each party wants and the work required.
If adjoining owners disagree about a common boundary for dividing-fence work, an owner may give written notice of an intention to have it defined by a cadastral surveyor. The other owner then has 1 month to respond as set out in the legislation.
What types of boundary disputes commonly arise?
Common disagreements include:
- the location, height or type of a dividing fence
- fence construction, maintenance or repair costs
- structures or other features extending across a perceived boundary
- trees causing damage, safety concerns or nuisance
- work near a lot or common-property boundary
- uncertainty about who must maintain a particular area
- proposed land-use changes affecting a neighbour.
An encroachment is commonly understood as a structure, tree or other feature extending across a property boundary. The legal position depends on the circumstances, so obtain professional advice before treating a feature as an encroachment.
Outdated information, assumptions and informal conversations can also contribute to disagreements. A fence line does not necessarily confirm the relevant boundary.
Who is responsible for a dividing fence, tree or common-property boundary?
The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 covers responsibilities and processes for dividing fences. Adjoining owners are generally equally liable for work required for a sufficient dividing fence. If one owner wants work beyond that standard, they are liable for the additional work.
A dividing fence on the common boundary is owned equally by the adjoining owners. In limited circumstances involving the physical features of the land, a fence may be located away from the common boundary.
Tree concerns need to be considered separately from fence responsibilities. Record the specific impact, such as property damage, falling branches or nuisance, before discussing a practical solution with the neighbour.
In a community titles scheme, check the registered survey plan and applicable regulation module. The plan defines the lot and common-property boundaries, which helps determine whether the body corporate or a lot owner has maintenance responsibility.
The body corporate must maintain common property in good and structurally sound condition, while an owner must maintain their lot in good condition. Our guides to building format plan maintenance and shared driveway responsibilities provide further practical context.
What should you do before making a formal application?
Open, respectful communication may resolve the issue before formal action becomes necessary. Explain the concern clearly, listen to the other party and discuss possible outcomes rather than beginning with blame.
If you reach an agreement, record it in writing. Include the agreed work, responsibility for costs, timing and any access arrangements.
For proposed dividing-fence work, an owner seeking a contribution must give the adjoining owner an approved notice describing the land, proposed work and estimated cost. At least 1 written quotation must accompany it. The owners generally cannot proceed before reaching agreement, except for urgent fencing work.
For a body corporate dispute, you must first make reasonable attempts to resolve the issue internally. This may involve writing to the other party, submitting a motion to the committee or presenting a motion to a general meeting.
Keep copies of letters, emails, motions, meeting minutes, photographs and quotations. You may need these records if the disagreement progresses to a formal process.
Mediation can help neighbours discuss their concerns with a neutral third party and work towards an agreement.
When should a body corporate or professional adviser become involved?
Involve the body corporate when the issue may concern common property, body corporate maintenance, a body corporate decision or rights and duties under the community management statement.
Write to the committee or body corporate manager with a short description of the issue and the decision you are requesting. The committee may need a formal motion before it can consider the matter.
A qualified legal adviser may be appropriate where ownership, title, an alleged encroachment or competing legal processes are involved. Other technical advice may help when the cause of damage or required repair work is unclear.
Our guide to resolving disputes in a body corporate community explains the internal process in more detail.
What dispute-resolution pathway applies to your situation?
Choose the pathway according to the type of dispute:
- Dividing fences: The legislation encourages neighbours to resolve the issue informally. If that fails, QCAT has jurisdiction over matters arising under the dividing-fence chapter.
- Trees on residential land: QCAT can decide qualifying disputes about trees, but check the circumstances and applicable process before applying.
- Body corporate disputes: The Body Corporate and Community Management Act 1997 provides processes for relevant disputes within community titles schemes. After self resolution fails, conciliation is compulsory in most cases before the dispute progresses further.
The BCCM adjudication process cannot resolve a question about title to land. As a result, some boundary disagreements must be dealt with through another process.
If your scheme needs help working through a common-property or body corporate issue, contact StrataCare.
