Limited right of neighbour to alter or replace part of pool barrier along a common boundary
245XF Limited right of neighbour to alter or replace part of pool barrier along a common boundary
This section applies if—
there is part of the barrier for a regulated pool along the common boundary between 2 parcels of adjoining land; and
the part of the barrier is for a regulated pool on only 1 of the parcels.
The neighbour, or another person on behalf of the neighbour, may alter or replace the part of the barrier only if—
the adjoining owner and the pool owner have agreed about carrying out the fencing work; or
QCAT has ordered that the fencing work be carried out.
Also, the neighbour may attach a thing to the part of the barrier that does not unreasonably and materially alter or damage the barrier.
Before carrying out fencing work mentioned in subsection (2), the neighbour must give the other pool owner a notice of proposed fencing work, unless QCAT has ordered that the fencing work be carried out.
If, within 1 month after the notice is given, the neighbour and pool owner have not agreed about the proposed fencing work to be carried out or their contributions to the proposed fencing work, the neighbour or pool owner may, within 2 months after the notice is given, apply to QCAT for an order under section 245XQ.
To remove any doubt, it is declared that subsection (2) or (3) does not alter or otherwise affect a pool owner’s obligation under section 232(1).
In this section—
neighbour means an owner or lessee of adjoining land on the opposite side of the common boundary from adjoining land with a regulated pool.
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