| Commentary

114 Ownership of hedges

| Commentary

(d) Hedges

114 Ownership of hedges

The ownership and maintenance1 of a hedge may be the subject of an express provision in the transfer, lease or licence of a garden. If there is no express provision as to ownership then other evidence may be used to ascertain who owns it. A statutory declaration by the garden owner or neighbour as to which owner on one side or the other has planted and trimmed the hedge may assist with establishing true ownership, or adverse possession2.

If the hedge has a ditch along the side then there is a presumption that a garden owner,

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