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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11419
Experience:  30 years as a practising solicitor.
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If a boundary fence is in the wrong position, what is the recourse

Resolved Question:

If a boundary fence is in the wrong position, what is the recourse to get it corrected?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

The fences can simply be moved into the right position. If there is a dispute as to where the boundary should go then potentially the case could go to court. A better way is always to get a land surveyor to adjudicate and make the appropriate measurement.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.


I have the measurements from a land surveyor who has used the fence line, but they clash with dimensions on title deeds. Unfortunately, the incorrect dimensions were also propagated to the Land Registry when the house was bought nearly 3 years ago. I suspect the fence has been in position since the hosue was first built in 1977. Is there a time limit for when boundaries/fence lines can be changed?

Expert:  JGM replied 3 years ago.
If the title deeds show the wrong fence line but this has been the case without comment for over 10 years then the titles will prevail unless an agreement is made to change the title deeds to that shown on the land survey.
Customer: replied 3 years ago.

The land survey has shown the actual position of the fence line, but the fence line is suspected to be incorrect when compared with the title deeds. The aim is to move the fence line to comply with the title deeds. Is there any time limit that prevents this course of action?

Expert:  JGM replied 3 years ago.
Ah, so it's the other way round in which case that can be done at any time.
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