New Build Boundary Fence Dispute

teacherer on 11/11/2022 - 22:07
Last edited 11/11/2022 - 22:21

Good evening all.
I'm seeking help on behalf of a mate.

I'm chasing some advice from the brains trust as I've tried to do my own research but am not finding what I'm looking for. It might not exist.

A newly developed coastal area in qld, with 2 new builds.
Friend wants a timber boundary fence to match the rest of the development and the style of her new house.
Neighbour wants a 2.0m high colourbond in a colour that would clash with friend's house.

From remembering situations I've seen in ozbargain, I'm originally suggested that she build her own timber 2.0m high fence on her own side and not pay the colourbond half, but I may be incorrect from the links I've found.

Namely:
"Each neighbour is liable for half the cost of fencing work. However, where one neighbour wants more work done than is necessary for a ‘sufficient dividing fence’ they pay the extra cost"

For example, if your neighbour needs a higher fence to keep their dog from getting out, they should pay the extra cost or provide extra materials and labour to build the fence to the height they need it above what is ‘sufficient’ for your needs.

What would you recommend she do?

If anyone would be able to share advice until we call council on Monday that would be greatly appreciated.

She's thinking of conceding to the colourbond that she hates, but asking for a colour that matches better, to maintain the relationship.

Thanks heaps fam

https://www.qld.gov.au/law/housing-and-neighbours/disputes-a…

https://www.legislation.qld.gov.au/view/html/inforce/current…

Home & Garden

Comments

  • Benoffie on 11/11/2022 - 22:12
    +10

    Personally, i would check there are no caveats regarding fencing in, what I assume, is a new development.

    Otherwise, I would opt for colourbond. Timber fences are a nightmare of maintenance over time nevermind the inherent uselessness in the climate.

    • teacherer on 11/11/2022 - 22:21

      There are no forced rulings in the area. It's all independent sort of unique higher end builds.

      I would have assumed steel would have been just as, if not more horrible with constant salt water spray.

      • AdosHouse on 11/11/2022 - 23:13
        +5

        Timber fence will absorb the coastal moisture and mould and rot, there are timbers much better at resisting that but dollars come into play.

        Colorbond will still eventually rust but the coasting will slow it down a lot.

        Having had both in the past. Colorbond all the way.

        • Euphemistic on 12/11/2022 - 19:57

          Except that colorbond fences are very noisy if you’ve got kids that love playing ball in the yard or a dog that jumps up against it etc.

          • AdosHouse on 12/11/2022 - 23:25
            -1

            @Euphemistic: Or, hear me out, teach kids/dog not to do that.

            • Euphemistic on 13/11/2022 - 13:10

              @AdosHouse: Easier to do that with your own kids. What if it’s the kids on the other side of the fence.

              I know of a lady that gets very upset at kids banging on her fence. It delights the little cherubs no end to continued to torment her. Timber fence would not have half the impact.

  • MS Paint on 11/11/2022 - 22:15
    +4

    Thanks heaps guys

    Sorry jv. That leaves you out of this one.

  • Daniel Plainview on 11/11/2022 - 22:24

    Law regarding fencing is incredibly well defined and easy to find. Read the fencing Act - it explains all and there's no wiggle room for anyone as is super clear on the rules.

    • teacherer on 11/11/2022 - 22:26
      +1

      I'm glad you're having more success Interpreting it than me.
      Can you share what would occur when one neighbour wants one material, and another wants a different material?

      I've read the act and can find nothing detailing such.

      The best I can find is on page 26

      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—
      (c) the kind of dividing fence normally used in the area

      As timber is used in the area, not colourbond.

      • Daniel Plainview on 12/11/2022 - 06:49

        Yes, the person wanting the lesser material pays half of it's cost - and the person wanting the more expensive material pays the other half PLUS the difference to the material they want. Very simple.

      • indemnity on 12/11/2022 - 21:35

        Cost is as per post by Nikko. Very well defined.

        QCAT will be the answer to other disputes. That's where it goes if you both dispute the material, colour, who does the work, things like panel size, capping, height, etc.

        Usually QCAT will force parties to install a very basic fence if they can't agree. Everyone loses equally in that situation.

        • teacherer on 12/11/2022 - 21:40

          Cost is not the issue, hence the cost info not being helpful.

          It is the type of material that cannot be agreed upon.

          Why should one party get preference over the other

  • Donaldhump on 11/11/2022 - 22:32
    +4

    request the colourbond be a colour you want. id imagine they can do colours both sides.

    or say no and goto qcat

    • teacherer on 11/11/2022 - 22:34

      That makes sense :o

  • George Washington on 11/11/2022 - 23:23
    -4

    what does the husband think? colourbond or timber…

    Colourbond is the best imo

  • racer1234 on 11/11/2022 - 23:48
    +1

    Color bond is a much better fence than timber. Maybe look at painting your friends side if they can't do two different colours.

    • deva5610 on 12/11/2022 - 01:56
      +3

      Or even better - She compromises to Colorbond but gets the colour she wants and the neighbour compromises by painting their side to the colour they want.

      Each party gives a bit to the other, everybody wins.

  • p1 ama on 11/11/2022 - 23:54
    +1

    She's thinking of conceding to the colourbond that she hates, but asking for a colour that matches better, to maintain the relationship.

    We need to get rid of timber fencing - Colourbond is just a much better material.

    FWIW, I have the ridiculous situation of having Colourbond on one perimeter and timber on another perimeter. Both were replaced between 10 - 15 years ago. The Colourbond has absolutely no issues at all and is still perfectly straight and strong. The timber fencing is starting to fall apart, and I had to put in an extra post a few years ago to keep it from falling over.

    There's a reason why we generally don't build weatherboard houses anymore - same should go for timber fences.

    • Ryanek on 12/11/2022 - 10:13
      +1

      There are pros and cons. Timber is definitly more durable, just ask somone with kids and a soccer ball.

      Timber is also a renewable resource.

      • Quantumcat on 12/11/2022 - 18:09

        How are timber fences more durable, when you can have a timber fence fall over and be replaced 3 times before a colourbond fence right next to it moves even a degree?

      • p1 ama on 12/11/2022 - 18:46
        -2

        Timber is also a renewable resource

        This is pretty misleading, it’s renewable in the same way that oil would be renewable - namely that it is naturally occurring but the amount of time it takes to form is far greater than the rate at which we’re consuming. In other words, it’s a practically finite resource that we are consuming.

        • Ryanek on 12/11/2022 - 19:02

          Wow did you just compare timber to oil???

          Australian Forestry is a huge industry based on sustainability. Trees are literally one of tne most renewable products today.

          When you take a tree you plant one in its place and it only takes 20-30 years to grow. That is nothing on the scale of the plantations we have today.

        • Quantumcat on 13/11/2022 - 02:13

          This is pretty misleading, it’s renewable in the same way that oil would be renewable

          Completely incorrect. Oil is not renewable, because it is removed from under the earth, then burned, with the carbon released increasing the carbon on the earth's surface. Once the oil is dug up and burned it is gone, hence, not renewable. When a tree is used, that is carbon that was already present in the earth's surface, it just goes round and round the carbon cycle. New trees are growing constantly thanks to the sun and the rain cycle, hence renewable.

  • miwahni on 12/11/2022 - 00:51
    +2

    Regardless of looks, timber fences attract termites which then have close proximity to the house. I would never have a timber fence again. When I bought my current home there were holes in the fence that were big enough for a small dog to get through, thanks to termites. Replaced it with colourbond and nearly 20 years later it still looks good.

    • teacherer on 12/11/2022 - 10:37

      Hard wood wouldn't?

      • miwahni on 12/11/2022 - 23:11

        I couldn't tell you what my paling fence was made of but it definitely had huge holes from termites. Are paling fences normally hardwood? Or do we just breed unusually tough termites in Qld?

      • Donaldhump on 12/11/2022 - 23:18

        termites will eat hardwood if nothing else around, get a chemical barrier. colour bond is good but no breeze comes through although timber fence probly does too for 90% of it.

        i'd simply say they can pay the cost of the diff between colourbond and wood, and also cost to paint my side, or i chose the colour and they can paint their side.

  • Mechz on 12/11/2022 - 05:31
    +3

    One thing to consider, if there's kids about kicking balls around, timber will be much quieter.

  • Platinumtelecom on 12/11/2022 - 08:26

    She can paint her side of the fence to the colour she wants. Spray painting a colourbond fence is very quick

    • deva5610 on 12/11/2022 - 13:55

      Why should she have to though?

      She compromises to Colorbond and the colour she wants. Neighbour compromises by painting their side.

      Easy.

  • teacherer on 12/11/2022 - 10:37

    Thanks for your replies all

  • Drakesy on 12/11/2022 - 14:48
    +1

    Go Colorbond,
    Lasts just as long
    Negligible maintenance

    Although if you really must go timber build it, just don't expect the neighbour to stump up

  • DoctorCalculon on 12/11/2022 - 23:43
    -1

    If anyone would be able to share advice until we call council on Monday that would be greatly appreciated.

    Why would your local council be interested or even get involved in a shared boundary fencing dispute?

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