If you’ve hit a dead end trying to agree on a dividing fence with your neighbour, there’s another option most homeowners don’t realise they have: building a fence within your property boundary instead of on the boundary line itself.
In a previous article, we walked through how to navigate fence disputes using QCAT processes. But what happens when your neighbour simply won’t come to the table, or there’s no dividing fence at all? That’s where building a fence entirely on your own land becomes a practical alternative.
This article covers what you need to know before you start: where the fence can go, what rules apply, what it means for your existing dividing fence obligations. You’ll also read about avoiding common pitfalls.
What Is a Dividing Fence?
A dividing fence is any structure that separates two adjoining properties. It could be a timber paling fence, a wire fence, a hedge, a ditch, or even an embankment; it doesn’t have to be what most people picture when they hear the word “fence.”
Under Queensland law, a dividing fence must be “sufficient”, meaning it’s adequate for its purpose, taking into account the location, how the land is used, and the types of fences common in the area. A retaining wall does not count as a dividing fence.
Both neighbours share responsibility for maintaining a dividing fence. This shared obligation is a key reason some homeowners choose to build a separate fence within their own property boundary instead in order to gain full control over the type, height, and appearance of the structure.
Confirm Your Property Boundary Before You Build
Before any construction begins, you need to know exactly where your property boundary sits. Getting this wrong can turn a straightforward project into an expensive dispute.
If there’s any uncertainty, engage a licensed surveyor to define the boundary. Under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld), you can notify your neighbour of your intention to have the boundary surveyed. If they don’t respond within one month, you can proceed at your own cost.¹
This step shouldn’t be considered optional. A fence built even slightly over the boundary line changes the legal picture entirely.
Building a Fence Within Your Property
There’s a key rule at play here: if your fence is built entirely within your property – at least 300 to 400 millimetres from the existing dividing fence – it falls outside the scope of the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld).² That means your neighbour has no legal say over it.
If there’s no existing dividing fence between your properties and you build a fence within your boundary, it does not become the dividing fence by default.³⁴ Your neighbour cannot demand changes to it or claim any rights over it.
The trade-off? A fence built entirely on your land is entirely your responsibility. You bear the full cost of construction and maintenance. No splitting the bill with the neighbours on this one.
You don’t need your neighbour’s consent to build it. That said, letting them know your plans ahead of time is good practice, and a quick conversation can prevent misunderstandings and help maintain a workable relationship.
Don’t Interfere With the Existing Dividing Fence
This is where homeowners sometimes get caught out. Your new fence cannot cause damage or considerable disrepair to any existing dividing fence.⁵
The existing dividing fence is jointly owned by you and your neighbour. If you want to attach any part of your new fence to it – brackets, rails, anything – you must get your neighbour’s permission first.
Without that permission, your neighbour can apply to QCAT to resolve the dispute and have the modifications removed and the dividing fence restored to its original condition, at your cost.
Check the Height Restrictions
Your local council sets the rules on maximum fence height. In most Queensland council areas, there’s a height you can build to without needing a permit, but do your research as the specifics vary from council to council.
Check your local council’s website before you start construction. Building a fence that exceeds the permitted height without approval can result in an order to modify or remove it, making it an expensive lesson nobody wants to learn the hard way.
Does Building a New Fence Change Your Dividing Fence Obligations?
No. This catches people off guard.
Even after you build a brand-new fence within your property, you still share the obligation to maintain the existing dividing fence with your neighbour.⁶ Building your own fence doesn’t let you off the hook for the shared one.
Practically speaking, leave enough space between your new fence and the dividing fence so both can be maintained. Squeezing them too close together creates access problems down the track, and access problems have a habit of turning into neighbour disputes and litigation.
Accessing Your Neighbour’s Property During Construction
If you need to access your neighbour’s land to build the fence, for example, to work on sections near the boundary, you must get their permission first.
If they refuse, you’ll need to adjust your construction plans so all work happens within your own property. It’s another reason why choosing an experienced fencer who understands boundary-adjacent work matters.
The Bottom Line
Building a fence within your property boundary in Queensland is a legitimate option, especially when neighbour negotiations have stalled or you simply want full control over your fencing. The process is generally straightforward, provided you:
• Confirm your exact property boundary (get a surveyor to be sure)
• Keep the fence at least 300 – 400mm from the existing dividing fence
• Check your local council’s height restrictions
• Don’t touch or attach anything to the existing dividing fence without permission
• Remember you’re still responsible for maintaining the dividing fence
If you’re unsure about where you stand, or if a fence situation has already turned into a dispute, it’s worth getting legal advice early, before positions harden and costs escalate. Contact our team for advice .
Simpson Quinn Lawyers has been advising Sunshine Coast property owners for over 28 years. If you need help with a fencing matter, boundary issue, or neighbour dispute, we’re here to help with your property law needs.
References
1. Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld) s 40.
3. Twidale [18]–[22].
4. Twidale Appeal.
5. Trimble and Anor v Hibbett [2012] QCAT 463.
6. Ibid.