Splitting fence costs on Battle Axe In Queensland

We've got a battle axe in Queensland .
Have a easement / Right of way through a handle though the block in front.
The block in front has title over the handle .

Next door want a put a new fence down the boundry .
Our block and the block in-front have the same length boundary .

Our two blocks pay half and side neighbour pays half

My understanding is we'd pay half of our half , ie a 1/4

The owner infront is suggesting that along with our 1/4 , we should also be paying half of his as we use the driveway. ie 1/2 + 1/4 = 3/8 .

Can any one provide clarification ?

@RPI

Cliff

 

If I'm understanding it correctly, you own the rear block & have a ROW, the house at the front owns the access handle.

You are only liable for fencing around your block not on the ROW (which is the responsibility of the front block.

 

Hi Cliff
I'm no longer practising so not legal advice just general.
Generally in these situations best thing to do is pull the dealing number from the title and then do a dealing image search to have a look at the easement doc and see who is responsible for what. Confirm Or if you have in your searches from when you bought the property you will find there. Newer easement docs deal with these things, older ones don't.

If it doesn't deal with it then there is info on who should be responsible
Avoiding disputes about fences

And a notice to fence form here
https://www.justice.qld.gov.au/__data/assets/pdf_file/0006/180483/form-2-ndr.pdf

Hope that helps and let me know how you go

 

I don’t really under stand the ROW and how that really works, but depending on the current situation with the front neighbour it might be worth just copping it and paying the extra.
Keeping the peace might be worth it if it’s only a few hundred dollars, especially if they’re the type of person to get their back up even if you’re in the right.

 

ROW = Right of way . He owns title to the land and we have the right of way to drive down the driveway to access our battle axe block .

According to the Queensland legislation the owner of the land ( him ) is responsible for the cost of any boundary fencing .

I checked the dealing number and there was nothing related to fencing on that .

Reason to make sure this is done correctly ...

He's already pushing to get things done his way whether it's the right way or not . If we let him do that , he will continue to do that and think that he can push us around . Have already that happed with previous neighbours and have found the best way to handle it is do our research and find out what is the correct way and ensure things are done that way .

He's already started talking about " damage that the trucks going to our building site will do to the joint driveway ... "

We don't have plans approved yet so somewhat premature for him to talk about that .

he will be building before us and trucks going to his block will also use the driveway , so we'll take a trip up and inspect the driveway prior to our builders starting , just to make sure that his builders haven't damaged the driveway ....

Every things been handled politely at this stage and hopefully it stays that way , but happy to push back if he does something .

Cliff