Property line VS Fence issue

[Tejas K.]

The retaining wall on the property line between my house and the neighbors is made of wide boulders and their house is about 5 ft higher than ours due to the development being on a slope.

We wanted to build a fence, which for obvious reasons could not be built on the boulders so it sits on their side of the boulders and parts of it crosses onto the neighbors property line by about 2ft. There was no other way to put the fence because if fence were to be put on the lower side then it would offer no privacy for us.

Neighbor was aware of this and okay when the fencing company put it but later raised an issue and got a surveyor who deemed that the fence crossed property lines at certain places. I had asked neighbor to chip in 50/50 but they declined so cost of fence was on me.

We have an amiable relationship but I wonder when either sells the house and if new buyer notices this they would ask fence to be adjusted , which there is no way of doing. What’s the best solution? Can property line be redefined, would it mean paying back 2 yr of small amount of tax for the few sq ft (<50 st ft) that’s now on our side of the fence which has become the defacto property line? Or just do nothing because it’s really not a big deal?