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.