NSW Brick fence extends beyond boundary

[n00bling]

I have a quick question on boundary fences. I live on a corner block with the front of my house facing street A and the side of my house facing street B. I just had a survey done and it seems like the brick fence I have that runs along street B is about 20cm beyond the boundary marker into my neighbour's boundary.

I am wondering if this is grounds for my neighbour to legally have 20cm of that brick fence shaved so it sits within my own boundary or if there is some precedent like the brick fence having already been there for X years means it can be left as is.

 

[Tim W]

Is that something that he has proposed already?
Or already done?

 

[n00bling]

No it's not something my neighbour has asked but it's I anticipate he may based on how he has been behaving recently.

I do need to alter the brick fence and have it raised, so I'm wondering if I need to be pro-active and have the section of the brick fence on his side of the boundary removed and the brick fence re-inforced to protect myself from future claims/requests; or I'm wondering if there might be some law that allows the structure/fence to stay there (though I'm suspecting there aren't).

 

[Tim W]

It might be prudent to closely compare the cost of shaving a wall (which is an unusual, and therefore expensive) thing to do, compared to just having it down
and replacing it with what*you both and want.
IME, most fencing disputes are 10% about design, and 90% about one party not wanting to pay there share

 

[n00bling]

Just to clarify, this brick fence is wholly mine. It's not the shared fence that runs along our shared boundary. It's a fence that runs parallel to the street and then 20cm of it protrudes into my neighbours land at the front of the street