Fencing

Fencing

Hi Luis;

If the fence is on the neighbour's property then they are technically within their rights to have it moved onto the property line. Who pays for the move boils down to how far it's encroaching and whether that encroachment is preventing them from using their land in a material way. If it's a substantial encroachment, then they are within their rights to ask you to move it. If it's a minor encroachment which is not interfering with their use of land, then it's more likely to be moved at their expense, if at all.

All of this, of course, depends on what a court determines, the cost of which is likely to far outweigh the cost of moving a fence and even the value of the strip of land in question. Our advice is to try to resolve the situation amicably with your neighbour. Work hard to come to a resolution because the alternative is expensive legal proceedings.

The Protect Your Boundaries Team