The Neighbourhood Disputes Resolution Act 2011(Qld) commences on 1 November 2011 replacing the Dividing Fences Act 1953 (Qld).
The law redefines dividing fence, includes provision for pastoral and agricultural fences and provides effective remedies helping neighbours to resolve disputes concerning dividing fences and trees.
The law gives the Queensland Civil Administrative Tribunal (QCAT) jurisdiction to make orders in disputes.
Under the new legislation, Sellers of both residential and commercial property will need to give copies of QCAT tree applications and orders existing at the date of Contract to Buyers prior to entry into a Contract. Failure to give these disclosures prior to Contract could lead to Buyers terminating the Contract at any time before settlement or the Seller being liable to comply with the order after Settlement.
QCAT will keep a publicly available electronic register of orders.
A new version of the REIQ standard residential property sales contracts will be released to accommodate the disclosures required by Neighbourhood Disputes Resolution Act 2011(Qld) and to make other necessary amendments. They are expected to be released in early December 2011.
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