Boundaries – Presumptions
Hedge and Ditch Presumption
This presumption is probably the best known and most widely quoted especially in rural areas. This is not surprising as it generally only applies to agricultural land. It applies when 2 properties are divided by by a hedge and ditch, but only where these features are found in a specific relationship. It applies where a ditch runs parallel to to the hedge, which itself is planted on top of a bank. The presumption is that a land owner has stood on the boundary of his land, dug the ditch on his land and thrown the spoil onto his side of the ditch to form the bank. He then plans a hedge on this bank.
‘My Boundary is on the left’
I have heard this quoted on many occasions but it is not true. If you think about it, it doesn’t make sence. ‘On the left’ depends on which way you are facing. If you stand at the road and look at your property, the left is not the same as standing in the property and looking at the road. This presumption is NOT true.