Question Author
First of all, thank you for replying. I have seen the help you have given others so I was hoping you would respond when I placed my answer.
Firstly the neighbours say that the new fence is 6 inches into their garden. Our photographs clearly show this and we have sent them a polite letter and the evidence. We are hoping they will accept this but they can be tricky. We consulted our deeds as further reassurance for them, and only then did we discover that the fence if correctly placed would be about another foot towards their house. If they were to claim this land, they would have to claim adverse possession and thus admit the land was ours. They would then have the expense of claiming it. What I need to know is whether they would be successful. The deeds and the original plans clearly show the line (it is not ambiguous). Sure they could use the LR but the LR would come to the same conclusion as the deeds as it is so obvious from just standing there and looking at the ground where the line should be. The original fence was placed wrongly we think, to avoid drains. If you have anything to add, we would be grateful to hear it. Please accept, we are decent, honourable people who do not want a dispute. Presumably, if they do not respond to our letter, it is an unresolved dispute and would have to be disclosed to any purchaser should they decide to sell their property and the same with us. It is in no one's interest for them to continue to claim the fence is wrongly placed?