What!?!?! - Queensland Fence and Pool Relaxation Laws
#19
Re: What!?!?! - Queensland Fence and Pool Relaxation Laws
We had 2 blocks of land in NL and this is what we had to do.
As people have said one of you usually gets a quote and you agree, if happy to pay half of the fence costs.
Our blocks had to have retaining walls at the end of the block i.e the land behind was higher than ours. Because our block had been 'cut' out WE had to pay for the retaining wall.
It does not have to be concrete we had a wooden retainer put in which was about half the cost. You will need to contact NL and find out if your block was cut out i.e the land at the back is higher because your block was made flat.
The man behind also had a pool put in, but not within 1 metre because of the retainer this would cause problems so I would be very careful.
As people have said one of you usually gets a quote and you agree, if happy to pay half of the fence costs.
Our blocks had to have retaining walls at the end of the block i.e the land behind was higher than ours. Because our block had been 'cut' out WE had to pay for the retaining wall.
It does not have to be concrete we had a wooden retainer put in which was about half the cost. You will need to contact NL and find out if your block was cut out i.e the land at the back is higher because your block was made flat.
The man behind also had a pool put in, but not within 1 metre because of the retainer this would cause problems so I would be very careful.
#23
BE Forum Addict
Joined: Jul 2005
Posts: 1,808
Re: What!?!?! - Queensland Fence and Pool Relaxation Laws
From memory, a developer/salesperson can say that there are covenants on a site (and imply that they are binding). However for covenants to be enforcable requires registration of the covenant under the Land Act. As this costs the developer time and money, most developers dont do it and rely on the buyer complying.
WW
WW
#24
Re: What!?!?! - Queensland Fence and Pool Relaxation Laws
they're not worth the paper they're written on and its often the developer who puts the covenants on a sub division and once the blocks are all sold and the developers no longer around they simply do not enforce them.
#25
Re: What!?!?! - Queensland Fence and Pool Relaxation Laws
Not sure... having not broken a covenant.
For example, guy up road from me, is selling 6 parcels of land, behind his own mansion... and those who know this area, probably know who he is... he has biggest house overlooking Morteon... nr Samford.. easily worth over 5 mill...
anyway... we looked at a block for sale, was nice actually, but FARK.. his covenants were 4 pages long, and legally binding.. he had copies stamped by such n such etc.. and was adamant that it was to protect his surrounds, which i admire...
But I agree, on last lot developments, whereby the sales office didnt exist or has buggered orf! then yer how can they enforce the covenant, unless Dibby Dobber dobs ya in !!!
For example, guy up road from me, is selling 6 parcels of land, behind his own mansion... and those who know this area, probably know who he is... he has biggest house overlooking Morteon... nr Samford.. easily worth over 5 mill...
anyway... we looked at a block for sale, was nice actually, but FARK.. his covenants were 4 pages long, and legally binding.. he had copies stamped by such n such etc.. and was adamant that it was to protect his surrounds, which i admire...
But I agree, on last lot developments, whereby the sales office didnt exist or has buggered orf! then yer how can they enforce the covenant, unless Dibby Dobber dobs ya in !!!
#26
Re: What!?!?! - Queensland Fence and Pool Relaxation Laws
We had 2 blocks of land in NL and this is what we had to do.
As people have said one of you usually gets a quote and you agree, if happy to pay half of the fence costs.
Our blocks had to have retaining walls at the end of the block i.e the land behind was higher than ours. Because our block had been 'cut' out WE had to pay for the retaining wall.
It does not have to be concrete we had a wooden retainer put in which was about half the cost. You will need to contact NL and find out if your block was cut out i.e the land at the back is higher because your block was made flat.
The man behind also had a pool put in, but not within 1 metre because of the retainer this would cause problems so I would be very careful.
As people have said one of you usually gets a quote and you agree, if happy to pay half of the fence costs.
Our blocks had to have retaining walls at the end of the block i.e the land behind was higher than ours. Because our block had been 'cut' out WE had to pay for the retaining wall.
It does not have to be concrete we had a wooden retainer put in which was about half the cost. You will need to contact NL and find out if your block was cut out i.e the land at the back is higher because your block was made flat.
The man behind also had a pool put in, but not within 1 metre because of the retainer this would cause problems so I would be very careful.
It's a natural incline. The land behind us is higher so yes we will have to pay for the retaining wall. With regards to the pool, I think this is too close as they have built a low set house they have used all their plot. A smaller pool may not be worth having!
I will stay up late tonight to catch the council Monday morning and talk with them. Once I have as much info to hand I can call my neighbour. I'm sure they are very nice but best to have sought advice before agreeing to anything.
Thanks everyone for your input!
#27
Joined: Dec 2003
Posts: 7,834
Re: What!?!?! - Queensland Fence and Pool Relaxation Laws
It's a natural incline. The land behind us is higher so yes we will have to pay for the retaining wall. With regards to the pool, I think this is too close as they have built a low set house they have used all their plot. A smaller pool may not be worth having!
I will stay up late tonight to catch the council Monday morning and talk with them. Once I have as much info to hand I can call my neighbour. I'm sure they are very nice but best to have sought advice before agreeing to anything.
Thanks everyone for your input!
I will stay up late tonight to catch the council Monday morning and talk with them. Once I have as much info to hand I can call my neighbour. I'm sure they are very nice but best to have sought advice before agreeing to anything.
Thanks everyone for your input!
#28
Re: What!?!?! - Queensland Fence and Pool Relaxation Laws
It's a natural incline. The land behind us is higher so yes we will have to pay for the retaining wall. With regards to the pool, I think this is too close as they have built a low set house they have used all their plot. A smaller pool may not be worth having!
I will stay up late tonight to catch the council Monday morning and talk with them. Once I have as much info to hand I can call my neighbour. I'm sure they are very nice but best to have sought advice before agreeing to anything.
Thanks everyone for your input!
I will stay up late tonight to catch the council Monday morning and talk with them. Once I have as much info to hand I can call my neighbour. I'm sure they are very nice but best to have sought advice before agreeing to anything.
Thanks everyone for your input!
Secondly... they are putting a pool in fill?? which means piers etc.. so if they are constructing an inground pool.. surely they need to retain the earth surrounding their pool... why do you have to pay?
#29
Banned
Joined: Jul 2006
Location: here there,fluck knows where?
Posts: 7,444
Re: What!?!?! - Queensland Fence and Pool Relaxation Laws
i am sorry if ive got the wrong end of the stick here...
surely common sence should prevail here..
your neighbour isnt going to want all the hassle of having to taking all the fence down because it is collapsing into their pool,today ,tommorow or some time in the future.not to mention someome could get killed...
if you knew you had to do a boundry wall,you pay for that and let them pay for the fecne...or just pay for the wall and the 600 bucks,just for peace of mind...i would..
it must be a major worry to you..hope you get it sorted...
ast
surely common sence should prevail here..
your neighbour isnt going to want all the hassle of having to taking all the fence down because it is collapsing into their pool,today ,tommorow or some time in the future.not to mention someome could get killed...
if you knew you had to do a boundry wall,you pay for that and let them pay for the fecne...or just pay for the wall and the 600 bucks,just for peace of mind...i would..
it must be a major worry to you..hope you get it sorted...
ast
#30
Lost in BE Cyberspace
Joined: Apr 2004
Posts: 10,375
Re: What!?!?! - Queensland Fence and Pool Relaxation Laws
In general if you need to cut and retain your land to build you cannot cut right up to the boundary line anyway for the reasons you have stated basically, you could collapse part of next doors structure.
If the wall is to be higher than 1m it needs to be designed and certified by an engineer. Retaining walls of this sort are notorious for collapse in the wet season.
On the other matter, would not personally want a pool 1 metre from my boundary. Having experienced several years of aussie outdoor lifestyle which in reality = noisy inconsiderate neighbours in your face at all hours:curse: Plus pool filters can be a nightmare under your windows, lovely in summer when the drone from them is up to eight hours a day.