Hedge and ditch rule – where do we draw the line?

Ascertaining boundaries between properties and land is not always easy and can create arguments between neighbours, sometimes over just a few inches of land.

What is the hedge and ditch rule?

In rural areas, where two properties are divided by a hedge and a ditch or a bank and a ditch, there is a presumption known as ‘the hedge and ditch rule’ which has been used for centuries to ascertain the ownership of boundaries.

So, when does the hedge and ditch presumption apply?

The presumption is that the boundary is along the opposite edge of the ditch from the hedge or bank.

This presumption is really two presumptions:

• The first part of the hedge and ditch presumption is that the ditch was dug after the boundary was drawn. This presumption can be rebutted by strong evidence to the contrary, such as where the ditch and bank or hedge were created, whilst the lands on both sides were in common ownership.
• The second part of the presumption is that landowners would stand at the boundary to dig the ditch, throwing the earth onto their own land to create the bank on which a hedge may then be planted. This part of the presumption can also be rebutted by evidence that the ditch is not man-made.

The Court of Appeal considered the application of the hedge and ditch rule in a boundary dispute in the case of Parmar and others v Upton [2015] EWCA Civ 795 and concluded that where a conveyance or transfer refers to an attached plan for identification purposes only, it cannot be relied upon as delineating the precise boundaries, and only indicates the general boundaries.

Where the plan only indicates general boundaries, and there is a dispute about the exact location of the boundary, inferences must be drawn from existing topographical features, or other evidence, including inferences resulting from the hedge and ditch rule.

This case is a good example of how the hedge and ditch rule continues to be very important for neighbouring owners, or owners of rural land, to avoid the high costs and the stress of having to go to court in the event of a boundary dispute.

How can Morr & Co help?

If you are unsure about the location of your boundary, it is important to take legal advice.

The Residential Property team at Morr & Co is here to guide and assist you on the different aspects that may affect how the location of your boundaries, can be determined, whether it be the hedge and ditch rule or the provisions contained in the deeds for your property.

If you would like more information on the hedge and ditch rule or help with your property purchase, please contact our Residential Property team on 01737 854500  or by emailing info@morrlaw.com.

Disclaimer
Although correct at the time of publication, the contents of this newsletter/blog are intended for general information purposes only and shall not be deemed to be, or constitute, legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position.