The short answer
A neighbour cannot lawfully move a boundary fence onto your land — that would be an encroachment. But the harder question is usually factual: has the fence actually been moved, and where should it be in the first place? Fences are replaced, repositioned slightly and rebuilt over the years, and memories differ. Before treating it as an encroachment, you need evidence of the previous position and of the true boundary. Acting on assumption — pulling it back, or accusing your neighbour — before establishing the facts tends to make matters worse.
Why it matters
Moving a fence does not move the legal boundary; encroachment is occupying land that is not yours. But proving that a fence has moved requires evidence: older photographs, any prior survey, the deeds, physical traces such as old post holes, and witness recollection. Both neighbours may sincerely remember the line differently. If a fence has genuinely been moved onto your land, the options range from a simple agreement to legal action — but be aware that, over time, long undisturbed occupation can begin to affect the position through adverse possession, which is one reason to deal with a genuine encroachment promptly and calmly rather than leaving it.
This is the heart of why boundary disputes are evidence disputes. Both neighbours may have evidence that seems to support them, and both may be entirely sincere. An experienced boundary surveyor can identify and evaluate that evidence objectively, narrowing what is really in dispute; and if court proceedings become necessary, an appropriate legal team can present it effectively.
What to do now
- Do not react by moving the fence yourself.
- Gather evidence of the previous position and the true boundary — photographs, deeds, any survey.
- Keep communication with your neighbour calm and in writing.
- Get an objective assessment before treating it as an encroachment.
Common mistakes
- Moving the fence back yourself before the facts are established.
- Assuming a newly replaced fence must have been moved.
- Leaving a genuine encroachment unaddressed and risking the adverse possession angle.
When to call Coburns
We establish, objectively, whether a fence has moved and where the boundary truly lies — narrowing the dispute before it escalates. If court becomes necessary, your solicitor presents the evidence we have helped establish.