Hi All,

I would love everyone's help and advice on if I should go to qcat or just put the fence up.

Neighbour and I want a side dividing fence done ✅

Neighbour and I appear to have no issues with sharing cost, with both agree that we want a "lap and cap" 1.8m timber fence as per developer regulations at 50/50 split✅

Bit of information. Our propertys are tiered up a hill with retaining walls seperating the properties with each retainer wall not being on the boundary and is located roughly 30-40cm into the lower properties block as per Logan city council regulations. We are in a new development area with no fencing.

I am the lower block so the retainer wall is located about 40cm into my property.

The issue is that my neighbour wants the fence on the retainer wall that is 40cm onto my property and not on the boundary.

My reason to wanting the fence on the boundary is that my gutters would be touching the fence if we were to use the retaining wall and I would loose access to clean my gutters on that side and have issues of water damage on the fence potentially in the future.

My neighbours reason is that most houses in the area has used the retainer walls to build the fence on for the convenience and the apparent insurance issues of putting fence posts next to a retainer wall (keeping in mind their slab has footings that goes next to the retainer wall since we are zero allotment on one side as per the development)

I originally discussed this with my neighbour and agreed on everything but the placement for the fence. My neighbours was just taking their time to get back to me to go ahead with the quote I got which was the cheapest which is my builder (we are building and my fence is paid by my builder). So I got my builder to send my neighbours a the Form 2 Notice to Contribute to Fencing Works via DocuSign on 25th of August but it's just been back and forth via email of they want to fence on the retainer wall and I want the fence on the boundary line. They end up emailing me saying "We do not consent for the fence to be installed. We are seeking legal advice in regards to this matter."

I ended up seeing a community solicitor and they said for me to go make a QCAT application to get QCAT to give them a court order for a fence but I am about 4 weeks till I move into my new build and I really just want a fence up and I have been told qcat takes a while for a resolution.

I also asked my developer and they gave me this answer if I can put the fence on the boundary instead of retaining walls

"the developer installs retaining walls in the manner required by Council, which means that any fencing installed on top of retaining walls will be slightly offset from the actual property boundary. In absence of an agreement to place the boundary fence on top of the retaining wall, the fence alignment should default to the exact property boundary."

I would appreciate everyone's opinion and help 🙏