by Warriors001  22/12/2017  1 Comments  60 Page Views
Commercial law, litigation, contracts, IP, property law
Our neighbour has filled their land and built a 1.2m retaining wall. They have built their wall 400mm within their property but the footings come to the boundary. We have been to QCAT over the fence issue (as they wanted a 1.8m fence on the actual boundary - 0.6m higher than their wall and 400mm from the wall) and the judge ruled in our favour, ruling that their wall/3m posts acted as the dividing structure, therefore no fence is required as it serves no purpose and creates a safety issue.

We were know wondering whether we are entitled to secure our property with a gate from our house to their wall. We were going to put a post on our property but overhang the pailings to butt up against their wall to avoid any possible damage.

Are we allowed to do this? If not, how do we secure our property?

Thanks in advance for your advice.