Another boundary dispute

Exasperateddan

Hi All
Our neighbour is claiming that the fence between our 2 properties is actually on their property. We have lived here for 4 years and they have never mentioned it before, I believe it is linked to us erecting a shed next to the fence at the top of the garden, according to the title deeds and covenants the fence is our responsibility and was erected by the previous owners of our property a year before we purchased it
I have two questions
1 are we responsible for moving/removing it?
2 As they are the ones who raised the issue is the onus on them to prove that it is indeed on their property?

daveyjp

If you accuse someone of something it is generally a good idea to have some evidence.  They need to provide you with what they think is evidence so you can consider it.

If they are the type who are arguing over the width of a fence panel good luck!

Exasperateddan

They are not the sort to argue over the fence but have sent a letter to me with their claim

Hoenir

Exasperateddan said:

They are not the sort to argue over the fence but have sent a letter to me with their claim

What's the detail of their claim? 

MeteredOut

Hoenir said:

Exasperateddan said:

They are not the sort to argue over the fence but have sent a letter to me with their claim

What's the detail of their claim? 

And what are they asking you to do about it?

Exasperateddan

Their claim is the fence is on their property and want me to move it back onto my property as simple as that. I can't do the work myself so would have to employ someone to do at a cost to me

BarelySentientAI

Do you think they are right?

Are there other reference points that would indicate where the boundary should be?

Exasperateddan

No I don't think they are right although I wouldn't bet my savings on it and I'm tempted to ignore them until they can produce a surveyors report. I was just trying to ascertain whether they could make me do anything,  legally wise that is

BarelySentientAI

Exasperateddan said:

No I don't think they are right although I wouldn't bet my savings on it

Because there's something else that clearly shows where the boundary should be?  Or just because the fence happens to be there and they haven't complained before?

Exasperateddan said:

I was just trying to ascertain whether they could make me do anything,  legally wise that is

If they're right, they can make you move it, or get it moved and send you the bill.

Exasperateddan

Right, so either way I'd have to pay to get it moved even though I didnt put it there and they've presumably allowed it to be put there at sometime in the past, seems an odd state of affairs

BarelySentientAI

Exasperateddan said:

Right, so either way I'd have to pay to get it moved even though I didnt put it there and they've presumably allowed it to be put there at sometime in the past, seems an odd state of affairs

Only if they're right.  And it's not an odd state of affairs for you, as the party '"in the wrong", to fix it in that case.  If they'd put a fence into your land, would you be offering to pay for it to be moved or would you expect them to do it?

If they're wrong, then you have to pay for nothing.