Who owns a boundary ditch?
The Rule states that when land of adjoining owners is separated by a hedge alongside a ditch then, in the absence of any evidence to the contrary, both the hedge and ditch will belong to the owner of the land on the same side as the hedge.
What is boundary ownership?
Boundary ownership refers to the responsibilities and rights each person has over the control of the spread of information that they own.
What is a boundary ditch?
The hedge and ditch rule is a rebuttable legal presumption that where there is a hedge and ditch running along the boundary of a parcel of land, then the boundary lays along the farthest edge of the ditch from the hedge.
Who determined boundary lines?
4.3 The determined boundary plan A surveyor will normally survey the boundary to be determined in one of 2 ways. By the use of measurements from permanent features.
How do you know who owns a boundary hedge?
1 If it’s a fence, then usually the back of the fence faces the owner. The ‘back’ is the side with the posts. 2 If it’s a hedge and ditch, then these belong to the land on the hedge side – ie the far side of the ditch is the boundary. 3 If this doesn’t help, ‘acts of ownership’ come into play.
How do I know if my boundary fence is yours?
When looking at the plans, the ownership is indicated by a “T” marked on the plans on one side of a boundary. If the “T” is written on your side of the boundary, you’re responsible for maintaining it. If there’s an H (although actually it’s two joined Ts) the boundary is the joint responsibility of both parties.
How do you know if a fence is yours?
The best way to determine whether a fence is yours or not is by examining where it falls on the property line. If the fence is placed on your side of the property line between your house and your neighbor’s, the fence is yours.
Can my Neighbour remove hedge between our properties?
You are allowed to trim or maintain your side of the hedge to the boundary in this instance as long as that doesn’t kill the hedge, but it is considered to be shared property, so you’ll need to come to an agreement with your neighbour in order to remove it legally.
How do I find out who has responsibility for a boundary fence wall or hedge?
To determine who is responsible for the boundaries the first place that you need to look is the Title Register or if the property is not registered you will need to check the Title Deeds. These will often set out which boundaries specifically you are required to maintain.
Can my Neighbour build right to my boundary?
The party wall act allows an absolute right to build up to the boundary between you and your neighbour. It also allows you to build astride the boundary line, but only with your neighbour’s consent.
Who owns the ditch – hedge or ditch?
This established ownership in many cases – that is, the hedge owns the ditch. In general agricultural use, wherever hedge and ditch were together, unless there was agreement to the contrary, the hedge owner claimed the ditch. Does that apply to both banks of the ditch or as far as the bottom of the ditch on the hedge side only?
What is the boundary between a ditch and a hedge?
Boundary Hedges with Ditches. The best known boundary presumption is the ditch and hedge rule, which is that in the absence of evidence to the contrary, where two properties are separated by a ditch and a hedge the boundary is presumed to be on the far side of the ditch from the hedge.
How do you prove ownership of a ditch?
This is based on the surmise that a landowner, when creating a ditch at the side of his property, will throw the spoil onto his own land and will plant the hedge in the spoil. Evidence to the contrary, if there is any, will usually appear in the property’s ownership documents, and also in the adjoining property’s ownership documents.
How is ownership of a boundary feature dealt with?
Moving away from the hedge-and-ditch scenario, a boundary feature’s ownership is dealt with in the same way as any other boundary – for example, a fence. If there is no indication as to ownership, the presumption is that it is party (shared).