Q&As

A and B own adjoining properties with a hedgebank separating them. The title deeds make it clear that B owns the hedgebank. Is there any authority for the proposition that the boundary line between the two properties should be at the point that the vertical meets the horizontal on the side of the hedgebank nearest A? The properties were previously in sole ownership and so the hedge and ditch rule does not apply.

read titleRead full title
Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 30/10/2017

The following Property Disputes Q&A produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • A and B own adjoining properties with a hedgebank separating them. The title deeds make it clear that B owns the hedgebank. Is there any authority for the proposition that the boundary line between the two properties should be at the point that the vertical meets the horizontal on the side of the hedgebank nearest A? The properties were previously in sole ownership and so the hedge and ditch rule does not apply.

A and B own adjoining properties with a hedgebank separating them. The title deeds make it clear that B owns the hedgebank. Is there any authority for the proposition that the boundary line between the two properties should be at the point that the vertical meets the horizontal on the side of the hedgebank nearest A? The properties were previously in sole ownership and so the hedge and ditch rule does not apply.

The Q&A refers to the ‘hedge and ditch rule’ which is a legal presumption that when adjoining land held by different owners is separated by a hedge and ditch, the hedge and ditch will be deemed to belong to the owner of the land on the same side of the ditch as the hedge is situated, unless there is evidence to the contrary. The two presumptions that the rule relies upon were detailed in Alan Wibberley Building Limited v Insley:

  1. the ditch was dug after the boundary was drawn, and

  2. when a person cuts a ditch they will do so at the very extremity of their land and any soil thrown up will be

Related documents:

Popular documents