Replay in fence battle

WARRING neighbours are about to take a dispute over a new fence to the Queensland Civil and Administration Tribunal for the second time in a year.

A QCAT decision late last year ruled Douglas and Alenna McMah were to split the cost of a new fence equally with neighbour Judith Burgess.

The total cost of the new fence is believed to be about $2370.

The McMahs would have also spent up to $325 making the application to have QCAT consider the matter.

Work on the fence has been completed but Ms Burgess is now seeking to take the matter back to QCAT and alleges the McMahs have not complied with the orders.

The original order from the QCAT hearing shows the dispute first began when the McMahs applied to QCAT to have Mrs Burgess contribute half of the cost of a fence and a new retaining wall. The existing retaining wall had become “dilapidated due to age”.

But Mrs Burgess successfully argued she should not have to contribute to repairing the retaining wall.

“Mrs Burgess claims that excavation on the McMahs’ land in approximately 1986 (prior to the McMahs’ ownership of it) has resulted in the rear part of their land being even lower than if the excavation had not occurred,” the order said.

Mrs Burgess was able to produce documents from the Gold Coast City Council that showed the previous owners had been issued a Defect Rectification Notice and were solely responsible for the retaining wall. Under Queensland law the responsibility is transferred to new owners of a property.

QCAT adjudicator Gabrielle Mewing agreed Mrs Burgess should not have to pay for the retaining wall.

Ms Mewing ordered the McMahs rebuild the retaining wall at their own cost.

But she ordered the McMahs arrange for a new fence to be built and that the cost of the fence be split equally with Mrs Burgess.

“The fence must be constructed of Colorbond and in accordance with the quotation dated 11 August 2017,” the order reads.

The fence has now been built but it is understood there is a dispute over the placement and how drainage had been set up.

Mrs Burgess declined to comment as the matter was going to return to QCAT.

When the Bulletin approached the McMahs for comment, a man who identified himself as a friend staying at their house said the couple were not there because they were travelling.