However, this is not the same as proof that the fence is the landowners, but it is a starting point. the fence or hedge separating the two properties). the famous "ditch and hedge" rule that provides that where land is bordered by a ditch and hedge the boundary is presumed to be the far side of the ditch from the hedge. Travel destinations, Home & garden Where two properties are divided by a hedge (or bank) and a ditch the boundary is presumed to be on the far side of the ditch from the hedge. Introduction. Boundary fence ownership at a glance. Deeds may contain covenants to maintain a wall or fence but on their own, such covenants do not confer ownership. You also have the option to opt-out of these cookies. We contacted the builder and they wrote to us explaining that the hedge is jointly owned and that the boundary is the center line of the hedge. The best advice is to plant your hedge just inside the party line to avoid any contentious conversations while still attaining a similar result. The physical boundary is identified by examining physical features in the grounds of the property, that divide the property from the adjoining one, e.g. These cookies do not store any personal information. Necessary cookies are absolutely essential for the website to function properly. They also added that we and our neighbours can trim the hedge in height and width (length not mentioned, thus we assume this cannot be touched) and that any major alterations need to be agreed between both parties. If a hedge is on the boundary between my garden and my neighbours,I assume that the line of ownership falls on the centre line of the hedge. Please take time to read our cookie and privacy policy. Remember to check if there any covenants on your property that determine what you can and cannot do in terms of growing or removing a hedge. You won't need planning permission for a hedge. If they do, you have the right to pursue them in a civil court for damage to property. … She said she had given me more land well 6 inches hardly enough to develop. More often than not, however, it will be necessary to look at the ownership documents each side of the boundary, and sometimes even for the houses at the two ends of the street. The ‘hedge and ditch’ rule is made up of two presumptions outlined in 1810 by a judge who decided that it was, firstly, reasonable to presume that a farmer digging a ditch would do so at the ‘furthest extremity’ of his land, and secondly, that he would pile the soil on his side of the boundary to create a bank on which a hedge might be planted. the hedge in question had largely disappeared, indicating that a full hedge is not necessarily needed at the time that the case is brought in order to rebut the two presumptions; it is not a necessary part of the two presumptions to show that the ditch was created to indicate the boundary of the land, as opposed to it being simply for drainage. As your hedge grows, you must maintain it to prevent it from damaging your neighbour’s property. You’re also responsible when your hedge borders a road, especially if it’s overgrown and obstructs the road or footpath. The only way to decide where a … The boundary is a “general boundary” unless it has been fixed (and few boundaries are fixed); 2. International Pizza Day: 8 varieties from Italy and beyond, 7 things you need to know if you’re new to whisky, How to make your garden into a space where honeybees thrive. Even questions such as ‘who owns hedge’ can spark disputes. Necessary cookies are absolutely essential for the website to function properly. the exact boundary between two properties who owns the hedge, wall, tree or fence between 2 properties This guide is also available in Welsh (Cymraeg). There are some specific legal obligations you need to follow if planting or growing a hedge. Wellbeing, Travel Hedges can help prevent problems such as soil erosion, and proper management of hedges and verges is important for road safety. Our neighbour is arguing that it is their grass verge up the side of our drive and that that is the boundary line. | Covid Visitor Guidelines It is illegal to trim a hedge with nesting birds – even if it is your hedge. 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. You may also notice a “T” on one side of the border. Where the bounding feature is an integrated or intended part of the highway, such as a crash barrier, a bridge parapet, or the perimeter fencing of a motorway, then responsibility for that feature rests with the highway authority. So, with that myth busted, the best thing to do is to dig out your deeds (ownership is decided by the original landowner, so can differ from property to property). Your local councils may step in when a hedge is deemed too high and insist that the hedge is maintained at a sensible height. In these cases the adjacent landowner or occupier is responsible for maintaining them. (Otherwise, there is no such duty on a neighbour to fence their land from yours, and if they want to allow any current fence to fall into disrepair, they can, so long as it does not fall on to your land.) The hedge is an old field hedge and was there before either property was built, probably hundreds of years. The Anti-Social Behaviour Act 2003 defines a tall hedge as one made up of a line of at least two scrubs, with a height taller than 2 metres or 6 foot, 6 inches. These are walls that fall on the land of two or more owners; whilst most commonly a building wall dividing two properties, this can also be applicable to divisions of gardens and courtyards. For presumptions concerning boundaries adjoining land owned by the highway it is normally presumed, for lack of evidence to the contrary, that a highway extends to the fences or other boundary features that front the adjoining properties.

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