Unless the fence has been in its current situation for 10 years of the land is registered land registry, or 12 years if it’s not registered, then he can make you move it to the correct position. He cannot make you move it if it is too far into your land (you have lost a bit of land) but he can make you move it if it is on his land.
As it appears to have been moved over by 12 inches within the last four years, then you are faced with moving it back to where it should be.
However, if the previous fence was in this situation and you simply put the current fence in the same situation then the same 10/12 years applies because it doesn’t apply just to this fence all the fences in this location, concurrently.
So if the relevant period is longer than that for all the fences in this location, then you have the right to keep the fence where it is although if he takes issue over that and decides to take you to court, a tribunal claim for this could be very expensive for the loser and although based upon the facts here, I think his claim would fail, that is never guaranteed.
Check your house insurance to see if you have legal expenses cover that would pay for the legal costs of arguing this.
.Can I clarify anything else for you? I’m happy to answer any specific points arising from this.
I’m happy to answer any specific points arising from this.
Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! All you need to do is press Submit. Thank you.
If you still need any point clarifying, I will still reply because the thread does not close.