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1. The law requires that a fence must be placed on the boundary. Accordingly, if a survey finds that a fence is not on the boundary, then the line of the fence must be moved so the fence is placed on the boundary. Here, it would have been best if the surveyor had been agreed to be carried out before the fence was erected. In that way, there would have been no doubt as to where the boundary was. Now, there will be the additional expenses of placing the fence in the correct position.
2. The law takes no account of where a fence might previously have been in determining where the correct line of the boundary might be. Nor does it take any account of the expense involved in placing the fence in the correct place. So you should get an agreed boundary survey done with your neighbour and the place the fence in the correct position.
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