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Knowledge base · Disputes & enforcement

My neighbour says my fence is in the wrong place. What should I do?

Don’t argue back — investigate. Whether the fence is actually in the wrong place is an evidence question, so the first step is to preserve evidence and establish the true line calmly, not to confront.

The short answer

The first reaction should be to gather evidence, not to argue. Your neighbour may be right, wrong, or working from a genuine but mistaken belief — and so might you. Whether the fence is in the “wrong” place depends on where the legal boundary actually runs, which is an evidence question. So preserve the evidence (photographs, deeds, any survey), keep the exchange calm and in writing, and get an objective view of the line before you concede anything or dig in. Reacting emotionally tends to harden both positions and push a solvable disagreement towards costly conflict.

Why it matters

A claim that the fence is wrong is just that — a claim, which needs testing against evidence: the deeds and conveyance plan, dated photographs, historic maps and the physical features. Both neighbours may sincerely believe different things. If you move or remove the fence in response without establishing the facts, you risk conceding land you did not need to, or creating an encroachment the other way. If your neighbour turns out to be right, an early, calm resolution is far cheaper than a drawn-out one. And where a fence has stood for a long time, the adverse possession angle can also come into play — another reason to deal with it on the evidence rather than on impulse.

This is boundary disputes as evidence disputes in miniature: an assertion on one side, a reaction on the other, and a true answer that only the evidence can give. Establishing it objectively is what defuses the argument.

What to do now

  • Do not argue back or move the fence to “settle” it.
  • Photograph and date the current position, and find your deeds and conveyance.
  • Reply calmly, in writing, that you will look into it.
  • Get an objective assessment of the line, then consider a boundary agreement once the evidence is clear.

Common mistakes

  • Arguing instead of investigating.
  • Moving the fence to prove a point.
  • Conceding land without checking the evidence.
  • Letting the exchange escalate into entrenched conflict.

When to call Coburns

We establish, objectively, whether the fence really is out of position and where the boundary truly lies — so a neighbour’s assertion is met with evidence, not argument.

Disclaimer. This article is for general information only and is not legal or professional advice. It is not tailored to any specific property, project or dispute, and the law and its application can change. Always seek advice from a suitably qualified professional before taking action. Coburns Party Wall accepts no liability for action taken in reliance on this article.

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