If I put up fence on my side of hedge, that was the boundary, does the boundary move?

[connie_cat]

We have a boundary dispute with our neighbour. The fence between us runs from the bottom of the gardens, then inbetween our two houses, and then out to the road. Title deed shows a straight line. However the fence is not straight, and appears to be on our side in parts.

The fence line starts to 'come-in' to our side about half way down the garden, where a hedge begins. The hedge is inline with a retaining wall. We are pretty sure that if the fence was straight, like the title deed, then it would run along the retaining wall, and straight down the middle of the hedge.

The boundary is supposed to be maintained the neighbour, according to title deeds. We suspect that the previous owner of our house (passed away) installed this panel fence on our side of the hedge, and at some point the neighbour quietly removed any old fencing on the original boundary that was now redundant. They then effectively 'gained' land.

After we bought the house (from probate), the neighbours came round and replaced a fence panel as they said it was their responsibility.

My questions:
1. Has our neighbour commited criminal damage by replacing a fence panel in a fence put up by previous owners of my house?
2. Does the fact that previous owner of our house put up a fence on our side of fence, mean that the boundary has moved?

Thank you.

[2222]

1. Has our neighbour commited criminal damage by replacing a fence panel in a fence put up by previous owners of my house?

No, on a number of counts, not least of which is that there was no criminal intent.



2. Does the fact that previous owner of our house put up a fence on our side of fence, mean that the boundary has moved?

No, not in itself, but it may make it harder to establish where the boundary lies. It's also possible, if this was done long enough ago, that they established adverse possession before the Land Reg rules changed.