WWYD Boundary dispute

[Sunflowertall]

My parents' neighbours moved in about 7-8 years ago and started doing up their house. They put a new fence up between our back gardens and spoke to my parents before they started. The fence is much nicer than what was there before and the posts are cemented in but it's about 3 inches over the boundary of my parents garden. The first post has been drilled into the brickwork of my parents extension.

My parents didn't tell their neighbours they had an issue with it at the time (over 5 years ago). They're too timid! The neighbors moved out and rent their house out now. My parents are moving in with me and my family and we've decided to sell the house. I think the neighbours need to move the fence back over the boundary but my brother thinks we should leave it as it's only 3 inches.

I think that, legally speaking, they would need to move it as the statute of limitations is 10 years but is it worth it? What might they say to us if we raise it with them?

If you're selling you'd need to declare any neighbour disputes which this could well turn into. Boundaries are really difficult to define anyway unless there are other defining features where you can tell exactly where the original line was. Although to scale, deeds and plans don't really go down to such precise measures so amounts like this over or under a boundary are really hard to prove anyway. For 3" I'd leave it.

If you’re selling the house anyway you’d be actually insane to take on a 5 year old boundary issue over 3 inches! The legal fees alone make it not worth it and aside from that you’d be fighting a battle only the new buyers would benefit from. Bonkers! Your brother is correct.

Have they simply paid to put a fence on your parents' land?
The boundary exists, independent of the fence.
However they might claim adverse possession (takes 12 years) for the land they have annexed.
And the drilling onto the brickwork needs to come out and be made good.

(I am not an expert)