In the early 1800’s, the courts established a rule which determined boundary ownership of hedges and ditches where the title deeds lay silent on ownership. Mr Justice Lawrence once said, ‘The rule about ditching is this. No man, making a ditch, can cut into his neighbour’s soil, but usually he cuts it to the very extremity of his own land: he is of course bound to throw the soil which he digs out, upon his own land; and often, if he likes it, he plants a hedge on the top of it.’
This statement became the ‘Hedge and Ditch Rule’ – The whole ditch belongs to the landowner whose side the hedge sits upon. However, this rule is not definitive and can be rebutted; typically under the following circumstances: -
- If the boundary was determined after the ditch was dug;
- If the ditch can be shown to have been dug whilst the land was in common ownership; or
- It can be overturned by the title deeds.
Whilst the rule may provide clues as to the ownership of a boundary, it does not provide any scope for maintenance of the boundary. By way of example: -
Applying the hedge and ditch rule, Farm A owns the hedge and subsequent ditch, however, to maintain the hedge and ditch on one side would require access to the neighbouring land owned by Farmer B. This rule does not give Farmer A, a right to enter Farm B’s land to maintain the far side of the hedge and ditch.
It is therefore important that a practical and constructive approach is taken for the management of hedge/ditch boundaries and consideration should always be given to the neighbour(!)
Here at Eccles Heddon, we have an experienced team who deal with agricultural, and rural property matters and we can assist with documenting any changes/corrections of boundaries and their maintenance.
