Do not assume the old fence position automatically proves the legal boundary. But do not let potentially useful evidence disappear either.
Record the position immediately
- Photograph the new fence and any old posts, foundations or fixing points.
- Keep wider photographs showing the feature in relation to buildings and fixed structures.
- Preserve older photographs and plans.
- Write down when the change occurred and what was said.
Check the documents
Review both titles, filed transfers or conveyances and any plans. If the fence is new, the question may be where the legal boundary lies rather than who physically erected the latest fence.
Avoid creating a second dispute
Moving or removing a neighbour's fence without first understanding the position can add allegations of damage or trespass. Where the matter is urgent, obtain legal advice.
What if my neighbour says my fence is wrong?
Ask which section is challenged and what evidence supports the proposed position. Keep the current feature in place while the documents and history are assessed, unless safety requires an appropriately advised intervention. A disagreement is not resolved by either party simply reinstalling the fence where they think it should be.
Prepare a timeline of installation, replacement and any permission. An old position may be useful evidence, but its age alone does not settle the legal boundary or establish adverse possession.
Need an evidence-led view?
For an early-stage assessment, consider an Early Neutral Evaluation. For a developed dispute, a fuller investigation report may be appropriate.
Early Neutral Evaluation → · Investigation reports →- Coburns Knowledge Base: can my neighbour move the fence
- Coburns Knowledge Base: my neighbour says my fence is in the wrong place what should i do
Adapted from Coburns’ boundary Knowledge Base for this site, with updated explanations and related guidance.