Often when buying a property or simply looking to perform maintanance works the question of hedge ownership comes up. To establish hedge ownership there are a series of steps:
First you must check if your properties or your neighbours Title Register or Title Deeds explicitly outline the hedges ownership.
If there is no mention of specific of specific ownership rights in the title documents then you can use the following rules of thumb. These should not be used to replace the advice of a barrister on such a matter:
If there is a ditch and a hedge, the side of the hedge upon which there is NO ditch is the owner of the hedge. The logic, all be it odd, is that the owner of the land without the ditch would establish such a hedge to prevent HIS animals falling into the ditch.
If the Title Register or Title Deeds refer to an Ordinance Survey map then the above rule may not apply as Ordinance Survey maps present the boundary as the middle of the hedge.
The first rule may also be discounted upon presentation of evidence that the ditch side owner has maintained the hedge for a prolonged period.
Relevant documents:
Title Register
Title Plan
Title Deeds
See Also:
What is a Restrictive Covenant
Hedge Maintenance
Hedge Planting |
