boundry fence

[emmaedney]

I bought my council house 2yrs ago,whereas my neighbours are still tennants and have been for over 40yrs.They erected a fence between the two properties a few yrs ago, which at the time i didnt tak much notice of as i didnt own my house. I am aware from my deeds that that side is there responsibility, or actually the councils. However i am now in the process of having my garden lanscaped and would like a new fence. My builders have pointed out that the old fence and posts are well into my land. if i place a new fence flush to theres i will lose even more land. am i within my rights to remove the fence and replace it in the correct position? A lso i like my neighbours and dont want to upset them as they are in there70s. Can anyone help me out with my rights? thanks Emma

[Loosehead]

As you are on good terms with the neighbours I would just go round and explain and get them to agree to you putting up a new fence at your expense. Don't bother even telling the council, recipe for agro. If they are in there 70's I'm sure they won't be too bothered.

[Twenty20]

How do the people landscaping your garden know where the true boundary line is? I don't mean where the previous fence was - what's to say that was in the right place?

[emmaedney]

Thank you for your replies. the houses are 'lovely' prefabs, and link. there is definate line in what i think is plastic between. they have placed posts 2 inches onto my side flush to wall. So i have lost those inches plus thickness of post.I had considered just putting my own posts in beside theres but would lose even more land and post would encroach on my back door. I think to avoid upset I should ask if i can use there posts and refence on my side. Thanks Emma