Jump to content
Main menu
Main menu
move to sidebar
hide
Navigation
Main page
Recent changes
Random page
Help about MediaWiki
Special pages
Niidae Wiki
Search
Search
Appearance
Create account
Log in
Personal tools
Create account
Log in
Pages for logged out editors
learn more
Contributions
Talk
Editing
Fence
(section)
Page
Discussion
English
Read
Edit
View history
Tools
Tools
move to sidebar
hide
Actions
Read
Edit
View history
General
What links here
Related changes
Page information
Appearance
move to sidebar
hide
Warning:
You are not logged in. Your IP address will be publicly visible if you make any edits. If you
log in
or
create an account
, your edits will be attributed to your username, along with other benefits.
Anti-spam check. Do
not
fill this in!
====The hedge and ditch ownership presumption==== Where a rural fence or hedge has (or in some cases had) an adjacent ditch, the ditch is normally in the same ownership as the hedge or fence, with the ownership boundary being the edge of the ditch furthest from the fence or hedge.<ref>[https://publications.parliament.uk/pa/ld199899/ldjudgmt/jd990429/alan.htm Lawrence J. in ''Vowles v. Miller'' (1810) 3 Taunt. 137, 138, quoted in ''Alan Wibberley Building Limited v. Insley'', House of Lords Judgement (1999)] {{webarchive|url=https://web.archive.org/web/20170708225623/https://www.publications.parliament.uk/pa/ld199899/ldjudgmt/jd990429/alan.htm |date=2017-07-08 }}</ref> The principle of this rule is that an owner digging a boundary ditch will normally dig it up to the very edge of their land, and must then pile the spoil on their own side of the ditch to avoid [[trespass]]ing on their neighbour. They may then erect a fence or hedge on the spoil, leaving the ditch on its far side. Exceptions exist in law, for example where a plot of land derives from subdivision of a larger one along the centre line of a previously existing ditch or other feature, particularly where reinforced by historic parcel numbers with acreages beneath which were used to tally up a total for administrative units not to confirm the actual size of holdings, a rare instance where Ordnance Survey maps often provide more than circumstantial evidence namely as to which feature is to be considered the boundary.
Summary:
Please note that all contributions to Niidae Wiki may be edited, altered, or removed by other contributors. If you do not want your writing to be edited mercilessly, then do not submit it here.
You are also promising us that you wrote this yourself, or copied it from a public domain or similar free resource (see
Encyclopedia:Copyrights
for details).
Do not submit copyrighted work without permission!
Cancel
Editing help
(opens in new window)
Search
Search
Editing
Fence
(section)
Add topic