Does a brick fence have to be built wholly within the title boundary of the owner or can this tresspass onto an adjoining owners title, which while within the owner of the brick fence's common boundary, this would place most of it another owners title.
There would be no issue if the owner had applied for adverse possession but no claim has been made.
Owners can agree to put the fence wherever they like. Normally it would be placed on or near the boundary such that some is on one title and some is on the other but if an obstruction makes this impracticable then it can go on one side or the other. Under the Fencing Act, this does not give a right of adverse possession.
The key here is agreement. If the owner doesn't agree to a brick fence then the common boundary (this is what most people think is the land that they own) can be defined by a structure. For instance if someone builds a garage wall 50mm from the title boundary would they put a fence in front of it? No, most people would agree that this can form the common boundary with the title boundary being 50mm away from the fence.
If the owner decided to build the garage encroaching 50mm on the adjoining property then the encroachment would be considered a tresspass.
