Well when this neighbour moved in a few years back I did explain to him that the little section was ours, only due to the root of the tree we could not put a straight run down the boundary line.
Now I have spoken to him today to ask him to move the pile of junk he has stored against the fence which along with the root has caused the concrete posts to push out and thus with the recent winds etc the panels have come out, yes he has just knocked and said i can have it back if i pay him for it!
I need to correct procedure to regain this plot
So it does not matter about length of time the fence has been up??