Fence problem :(

[Emma09]

Is 100mm (so 10 centimetres right?) worth causing a whole lot of potential bad blood between you and your neighbour? Perhaps make it clear that you aren't happy about how it's been handled by that you're not going to make him change it even though you are well within your rights to do so.

Absolutely ausgirl- this is possibly what I am leaning towards.
I will definitely be telling him that I'm not happy.

[Beach Mama]

Just talking to DH about this as he is a builder, and the measurement is taken from the centre of the post, not where the palings are, so you need to check that firstly and then see if it is worth following up further. You need to be sure how far out it is according to the title line, not just where the old fence was. If there is a further dispute, the builder would be liable but it is the owners responsibility to show where the new fence is to go. You might need to even find out if the old fence was in the right spot because it is possible they have moved it in accordance with the title line. Really tricky hun, once you talk to them you may also need to get a surveyor out to measure it out accurately according to the title line, because if it is out by 100mm you would want it moved.

[Emma09]

Thanks tanstar- could you ask your DH's opinion on what he would do?

[Beach Mama]

He suggested that the first thing you need to do is work out if it is out from where the title line is. Now the only really accurate way to do that is to get a surveyor, if it is out because of where the old fence is, he suggested that you would firstly be talking to your neighbour about why the fence is where it is, why it is out from where the old fence was, how the builder knew where to put the new fence? If they used the title line, then it could be that the old one was off, if not, then they guessed and should move it back. If it turns into a further dispute you would then need to get a surveyor in to show that the fence is in the wrong possie. He also asked if the palings have switched??? As in are they now on the opposite side (eg. do you have posts on your side instead of palings?) as that can make it seem like the whole fence is out.

[Emma09]

Haven't switched, have the post and pailing side, not the flat side.
They built a brick wall on the boundary, the fence matches up with the wall, but the posts are completely on my property, whereas I thought they should be half on each? Ie set in the middle?

Thanks to your DH!

[Emma09]

Ps how do I find out about the title line?

[Beach Mama]

DH thinks if they have put a brick fence in that they more than likely would have used a surveyor to find out where the line is. He strongly suggests you talk to the builder, or the owner of th property first as they are responsible and go from there because they will definitely know what has happened. (He said there may even be survey pegs around that you can see, metal pegs in the ground which can then measure the line. The title line is on your actual title - tricky to measure up yourself but the builder should have done it.) Good luck hun - Im off to bed but let me know how you go tomorrow. xoxoxo

[Emma09]

Thanks hun- it's a timber fence with a brick wall for part of it.
Ie the brick wall substitutes part of the fence.