HEDGES AND DITCHES
If it is not clearly
stated in your deeds or title documents, there is
a legal presumption that where two properties are
divided by a hedge and a ditch, the property
boundary is presumed to be on the opposite edge
of the ditch from the hedge. This is based on the
principle that the owner would have stood on the
boundary facing toward his own land, dug the
ditch on his own land, piled the spoil on his
home side to form a bank, and planted a hedge on
the bank.
There are exceptions that
might override this legal presumption, such as
when the land (strictly speaking, only part of
it) is subsequently sold and the conveyance
and/or plan specifically refers to the line shown
on the Ordnance Survey map (usually the hedge
atop the bank).
What you should do
If you are in any doubt, consult a chartered land
surveyor (e-mail me) .
This page was last updated on 22
February 2001
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The information
given on this web site is of necessity of a very
general nature and cannot be relied upon to meet
your specific requirements. Jon Maynard FRICS
cannot be held responsible for any action that
may or may not be taken by anyone who accesses
this site and acts upon any information found
within. Whilst I hope that you may gain benefit
from the information in this site, my liability
can only extend to specific advice given by me
after completion of a formal engagement letter.
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