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Thanks for your offer of help.
A detailed survey as part of our self build project has identified that current boundary fence is clearly inside our boundary enclosing a triangular piece of land C. 10m long to a point at 1 end and c. 1.5m wide at the other.
Trying to establish from previous owner when fence was errected and if, as our belief, it ended up in current position due to established conifers on the actual boundary line that have now been removed.
Our legal question is whether the 12 year rule applies and we have no grounds to put a new fence along the correct line unless our neighbour agrees. I can send you a PDF plan showing how we have established the approximate line. The fence is clearly in the wrong position as our neighbours garden is shown on both their and our LR entry as ending in a point, whereas the current fence ends in a 1.5m squared off position.
Perhaps you could clarify 'use of the land'?
The land is a point at the end of their garden and gives them no particular access rights and until recently was taken up by overgrown connifers.
Could we argue the trees were the actual boundary and the position (and age) of the fence is irrelevant as grounds for rejecting the adverse possession claim?
Thanks for your suggested solicitors letter approach.