Q:We are purchasing a site which has a large hedge along one of the boundaries. Who will be the owner of this hedge? The title documents do not give any clues

Jan. 1, 2002
A legal presumption creatively named the &amp;“hedge and ditch rule&amp;” will apply to this situation. This states that where two properties are divided by a hedge or bank and ditch, the boundary is presumed to be along the opposite edge of the ditch from the hedge or bank. This is based on the principle that an owner stood on his boundary looking inward and dug his drainage ditch within his boundary, threw up the soil on his home side and then planted a hedge on the mound.<p></p><p> But this presumption will not apply if contrary evidence is shown - for example, that the ditch is natural or that the boundary feature was made while the land on both sides was in common ownership. </p><p></p>

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