How to Navigate Shared Fence Disputes When Selling a Gold Coast Property?
Dividing fence disagreements between neighbours are among the most common, and frustrating disputes Queensland property sellers face. On the Gold Coast, where homes are tightly packed and outdoor space is prized, boundary and fencing issues can quickly escalate. If not resolved before you list your home, they can create serious problems: buyer hesitation, contract delays, or even terminated sales.
This guide breaks down what you need to know if you’re selling a Gold Coast property affected by a shared fence dispute. From understanding your legal responsibilities to choosing the right resolution strategy, you’ll walk away equipped to address the issue professionally and sell with confidence.
Why Fence Disputes Matter When Selling a Property
An unresolved boundary or fence issue isn’t just a neighbourly nuisance. It becomes a material fact that you are legally required to disclose under Queensland law if the dispute involves formal action or proceedings. Even informal issues can sour buyer interest if they learn about them during inspections or neighbourhood chats.
The Risks of Leaving It Unresolved:
- Delays in sale or settlement due to unresolved boundary concerns.
- Buyers pulling out when learning of formal neighbour disputes.
- Reduced buyer confidence—concerns about inheriting a messy relationship.
- Potential legal liability if issues are not properly disclosed.
For more on what sellers must disclose, visit What Do You Legally Have to Disclose When Selling a House in QLD?
What Counts as a Shared Fence Dispute?
Dividing fence disputes often centre around disagreements between neighbours about:
- Who should pay for building or repairing the fence
- The type of fence (material, style, design)
- Fence height or placement, especially near pools or tight lots
- Maintenance responsibility for overhanging trees or leaning structures
- Pool safety barrier compliance, which affects both privacy and legality
Some disputes stem from old disagreements, while others arise as sellers prepare the home for sale and attempt to upgrade or replace fencing.
Legal Framework: Neighbourhood Disputes Resolution Act 2011
The main piece of legislation governing these matters in Queensland is the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011. This law outlines:
- What qualifies as a dividing fence
- How costs are shared (typically 50/50 unless one party wants something beyond standard)
- Procedures for resolving disputes
- The role of QCAT in formal decisions when agreements cannot be reached
Step-by-Step: How to Resolve a Fence Dispute Before Selling
1. Start With a Friendly Discussion
The law (and common sense) says informal negotiation should always be the first step. Most neighbours want to avoid legal conflict and appreciate direct, respectful communication.
Tips for informal discussions:
- Keep it factual and solution-focused.
- Bring along quotes or options from fence contractors.
- Offer reasonable compromises (e.g. “I’ll cover a bit more if we choose this design”).
📌 Remember: A simple chat over a coffee could save you months of paperwork and thousands in legal fees.
2. Issue a Notice to Contribute (if needed)
If you and your neighbour can’t agree, you may need to issue a formal Notice to Contribute for Fencing Work under the Act. This written notice outlines:
- The work proposed
- Contractor quotes
- Each party’s expected contribution
- A request for a written agreement within 30 days
This document serves as an official record and may be used if legal steps are needed later.
3. Engage a Mediator
If there’s still no agreement, you can consider mediation through a community justice centre or a private mediator. Mediation offers a neutral space to work toward a compromise.
Many disputes settle at this stage without proceeding to legal hearings, and it protects the neighbour relationship.
For general strategies to reduce property sale stress, see How to Emotionally Prepare to Sell Your Home
4. Apply to QCAT (Only as a Last Resort)
The Queensland Civil and Administrative Tribunal (QCAT) handles unresolved fence disputes. You can apply to QCAT for a legally binding decision.
Be aware:
- QCAT hearings can take several months to resolve.
- There may be application fees and legal costs.
- Outcomes may not satisfy either party.
For sellers on a timeline, this step can significantly delay the sales process.
Must You Disclose a Fence Dispute to Buyers?
Yes, you must disclose any ongoing legal disputes involving the property under Queensland’s mandatory Form 2 Seller Disclosure Statement.
Failing to disclose this information can result in:
- Contract termination by the buyer
- Financial penalties or litigation
- Damage to your reputation if word spreads post-sale
Even informal disputes, if known by the agent or vendor, can become an issue if buyers find out independently.
Related: Do I Need a Form 2 Seller Disclosure?
Tips to Manage the Sale Process Around Fence Disputes
Even after resolution, it’s smart to show prospective buyers that the issue has been handled fairly and lawfully.
What You Can Do:
- Keep all written agreements or receipts from fencing works
- Provide buyers with dispute resolution documentation, if relevant
- Mention mediation outcomes that show proactive engagement
- Ensure the fence is neat, safe, and meets any pool barrier compliance requirements
Should You Fix It Before Listing, or Let the Buyer Decide?
If the fence is visibly damaged or there’s an active dispute, it’s often better to resolve it before listing. Uncertainty or ambiguity will hurt your sale price more than the cost of resolution.
Some sellers offer to:
- Replace the fence entirely before the sale
- Discount the property slightly and explain the dispute
- Provide a written agreement showing the neighbour has approved the work post-sale
A tidy, compliant fence and peaceful neighbour dynamic help the property feel welcoming, not problematic.
The Role of a Real Estate Agent in Navigating Fence Disputes
An experienced agent will:
- Help you navigate disclosures legally and tactfully
- Advise on what buyers care about (and what they don’t)
- Recommend resolution paths that protect your sale timeline
I help sellers quietly manage these situations before they become contract killers.
Final Advice: Tackle the Fence Issue Early
Boundary and fencing issues are a classic example of small problems becoming big deal-breakers. If you’re selling your Gold Coast property and know a dispute is bubbling, or ongoing, don’t wait.
Resolve it early, document everything, and get advice from professionals who understand both the legal framework and human factors involved. A well-handled dispute won’t hurt your sale. A neglected one almost certainly will.
Author – Craig Douglas
Please Note: The information contained in this document is for general information purposes only and does not constitute legal advice. The laws and regulations governing the sale of property in Queensland are complex and constantly changing. It is important to seek the advice of a qualified property lawyer or conveyancer before making any decisions about the sale of your property. This document does not take into account your individual circumstances and may not apply to your situation. By reading this document you agree that you have not relied on the information contained herein and that you will seek independent legal advice before taking any action.
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This page was proudly created by Craig Douglas, your local independent Gold Coast real estate agent, working for a Boutique Real Estate Agency. Selling residential and commercial properties, from those that are awe-inspiring, through to a diamond-in-the-rough, otherwise known as a “renovator’s delight“.
I negotiate and sell on behalf of property owners who want to get the best possible price, with the least amount of hassle. Let’s talk about the process of selling your property over a coffee to get you started – 0418 189 963
