Boundary Fences

Boundary Fences

Introduction

Dividing fences are a common source of neighbour disagreement, particularly where repairs, replacement costs, or fence design are involved. Disputes often arise when one neighbour has specific requirements, such as securing pets, improving privacy, or addressing safety risks.
For Scout formations, these situations require a balanced, well-informed approach — we are community stewards and must maintain positive neighbour relationships while meeting our obligations for youth safety, asset protection, and appropriate facility use.
Understanding your rights and responsibilities under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 is key to preventing and resolving conflict fairly, maintaining trust, and ensuring our Scout facilities remain safe, compliant, and good neighbours within the communities we serve.

What is a Dividing Fence?

A dividing fence is not limited to posts, wire, or panel construction — it includes any structure or barrier used to enclose land. This can extend to natural or built boundary features such as:
  1. Ditches, drainage channels, embankments, or creeks
  2. Hedges or vegetation forming a boundary barrier
  3. Cattle grids, gates, or other enclosure structures that control site access or stock movement
A dividing fence is generally installed along a shared boundary line between neighbouring properties. Where terrain, waterways, or other land constraints prevent construction directly on the boundary, the fence may be built offset from the boundary. In these situations, it’s important for Scout formations to understand that fencing placement can influence ownership, maintenance responsibility, and land-use implications.
Early consideration of these factors supports fair outcomes, protects Scout assets, and helps maintain strong, positive relationships with our neighbours and landowners.

Who Owns a Fence?

Fences built on the boundary line: A dividing fence constructed on the shared boundary between neighbouring properties is generally considered equally owned by both neighbours, with costs and responsibilities typically shared unless agreed otherwise.

Fences built fully on one side of the boundary: If a fence, or any section of it, is built entirely within a property line, that structure is regarded as belonging to the landholder on whose land it sits — regardless of whether Scouting contributed to or shared the cost.

Why this matters for Scout formations

When sharing fencing costs with a neighbour, Scout Formations should aim to ensure the fence is built as close to the true boundary line as practical, based on surveyed or formally recognised boundary information. This helps:
  1. Prevent ownership or responsibility disputes
  2. Protect Scout assets and access rights
  3. Maintain positive, fair, and transparent neighbour relationships
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Where boundary placement isn’t possible due to terrain or land constraints, it’s recommended that any agreement on ownership and maintenance responsibilities is confirmed in writing early, ideally with landowner awareness if the site is leased or licensed.

Basic Rules for Dividing Fences

  1. A ‘sufficient’ dividing fence must exist if one neighbour requests it, even if the land is vacant.
  2. Cost-sharing: Neighbours generally share the cost of building and maintaining a sufficient fence equally.
  3. Avoid damage: Do not attach anything to the dividing fence that could damage it.

What is a Sufficient Dividing Fence?

A sufficient dividing fence meets the following criteria:
  1. Height: Between 0.5m and 1.8m.
  2. Material: Constructed mainly from prescribed materials, such as:
    1. Timber (e.g., palings, lattice panels)
    2. Chain wire
    3. Metal panels or rods
    4. Bricks, rendered cement, or concrete blocks
    5. Vegetation (e.g., hedges)
    6. Other commonly used fencing materials.
  3. Purpose: Can restrain livestock if adjoining pastoral land.
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If neighbours agree on a specific fence type this becomes the standard.

Situations Where a Dividing Fence is Not Required

A dividing fence is not required if:
  1. Both neighbours agree not to build one.
  2. The property is outside the scope of the Act (e.g., public land, stock routes).
  3. Both properties are agricultural land.
  4. The land has no owner (e.g., Nature Conservation Act land).

Building a Fence: Who Pays?

If you plan to build a fence, you must notify your neighbour in writing. This is called a Notice to Fence. The notice should include:
  1. Fence details (type, construction method, height)
  2. Estimated cost (with at least one quote; two quotes are recommended).
If your neighbour disagrees with the quote, they can obtain an alternative quote.

Cost Responsibilities

  1. Equal contribution: Both neighbours share the cost of a sufficient fence.
  2. Extra costs: If one neighbour wants additional work (e.g., a taller fence to contain a dog), they pay the extra cost or provide materials/labour to meet their needs.
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Example: If a standard chain wire fence is sufficient, but your neighbour wants a higher timber fence, they must pay the additional expense.

Damage to a Fence

If a fence is damaged by an owner, their visitors, or workers they allowed onto the property, the responsible party must repair or restore the fence to its original condition. If they fail to do so, you can:
  1. Issue a notice to contribute for fencing work.
  2. Seek reimbursement for urgent fencing repairs, if necessary.
In these circumstances the Facility and Risk team can assist navigate what can be delicate circumstances, please contact facilities@scoutsqld.com.au 

Resolving Fence Disputes

Direct Resolution (Local Stewardship First)

Where a dividing fence issue arises, Scout formations should lead with respectful, open, and proactive communication. Whenever possible:
  1. Meet or speak with your neighbour early to understand their concerns or requirements
  2. Share relevant information transparently (e.g., site constraints, safety needs, or access considerations)
  3. Work toward a mutually agreed solution on repair, replacement, or fence standard
  4. Document any agreement in writing to avoid future misunderstandings
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Reaching a fair outcome directly supports the Scout values of cooperation, community respect, and being a good neighbour, while avoiding avoidable cost, stress, and legal escalation. This approach helps protect both relationships and Scout assets, and ensures our dens and activity sites remain trusted community facilities.

When Direct Resolution Stalls

If progress stops — for example:
  1. Communication becomes inconsistent or unresponsive
  2. There is disagreement on ownership, placement, cost-sharing, or required standard
  3. The neighbour is unsure who holds authority for the Scout side (common on leased or council sites)
When local resolution isn’t progressing, Scout Formations can seek guidance and support from the Scouts Queensland State Office Facilities Team by emailing: facilities@scoutsqld.com.au


State Office assistance may include:
  1. Clarifying tenure and landowner responsibilities (council, state land, or freehold)
  2. Advising on legislative obligations under QLD fencing law
  3. Supporting contractor engagement where required
  4. Helping formalise communication or agreements if needed
This ensures fencing decisions and approvals sit with the correct authority level, risks are managed, and outcomes remain fair, compliant, and aligned to Scouting’s duty of care.

Summary

Boundary fencing matters, while sometimes sensitive, can be resolved effectively when approached with early communication, fairness, and clear documentation. Scout Formations are custodians of community assets, and managing fences responsibly protects both neighbour relationships and Scouting’s reputation, while ensuring our facilities remain safe, compliant, and fit-for-purpose for youth programs.
Where agreement cannot be reached locally, the Scouts Queensland State Office Facilities & Risk Team is available to provide guidance and support, ensuring outcomes align with legislation, tenure obligations, and our duty of care.
Handled with patience and good process, dividing fence issues can move from dispute to resolution, reinforcing Scouts Queensland as trusted and respectful neighbours in the communities we serve.

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