THE ongoing Mexican stand-off between the Southern Downs Regional Council and Elbow Valley property owner Lindsay Madsen is one for the record books.

Mr Madsen, the owner of a property on Ravenscroft Rd, and the council have butted heads since 2008.

Behind closed doors at last month's general meeting the council voted not to support a contribution for a $5000 fence requested by Mr Madsen.

As previously reported the saga started when the council gave Mr Madsen's neighbour approval to construct a fence along what the neighbour believed was their property.

However, the alignment was wrong and the fence blocked the entry to Mr Madsen's property.

This meant Mr Madsen was required to construct an access road, of which $24,000 was funded by the council.

The fence was then allegedly damaged during the construction of the road and the council compensated by giving the neighbour $5000.

Mr Madsen then applied for the same amount of money, which the council did not pay him, to construct his own fence.

During yesterday's general council meeting councillor Jamie Mackenzie asked to amend the resolution made during last month's meeting.

Cr Mackenzie's suggestion to seek legal advice was accepted by the all councillors, excluding Crs Denise Ingram and Jo McNally.

"We need to see if all the required approvals were in place for this development," Cr Mackenzie said.

"It is complicated as the required access is not in a surveyed road reserve.

"Without legal advice, council potentially faces ongoing costs to rectify this issue for many years to come.

"Under the town plan, developers are responsible for building roads to rural dwellings.

"Yet, late in its last term, council found $24,000 to build St Helens and Ravenscroft Rds to the remote dwelling house.

"That appears to be contrary to council policy.

"Another resolution by the current council was to pay a neighbour for fencing on Ravenscroft Rd allegedly damaged by the same developer.

"I did not agree with that decision either."

Cr Mackenzie said it was ironic that council then resolved a Leyburn land owner had to "pay fully for a rural road to a dwelling or face the courts ... ".