Q:Our property is lined on one side by a hedge and there does not appear to be a ditch on either side of this hedge, making the &“ditch and hedge&” rule difficult to interpret. The hedge appears to be directly on the border between the two properties.

Sept. 1, 2002
Your title deeds show your boundaries and explicitly describe them as &amp;“party walls&amp;” which means that when the properties were first sold off by the council it was intended that the fence or wall situated on the boundary line would be the joint responsibility of both owners to be maintained at joint expense. As such, it was intended that the neighbours should discuss with each other before they actually removed or altered the fence and would remain jointly responsible for whatever structure they erected on the boundary line in the future. It sounds as though rather than actually removing the fence and agreeing to plant a hedge on the boundary in its place, one of the homeowners planted a hedge on their own side of the fence. Over the passage of time the hedge grew and the fence fell away albeit that the remains of the fence are still in place.<p></p><p> The definitive answer to these questions would be a question for an expert surveyor. Our initial thoughts are that the hedge will be owned by the party who owns the land on the side of the remains of the fence upon which the trunks of the hedge are growing. …

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