UKTC Archive

Re: Fw: Ownership of Devon hedges

Subject: Re: Fw: Ownership of Devon hedges
From: Jane Westover
Date: Feb 10 2001 16:43:22
Alan
    No, it is not true ! If the hedge is your side of the ditch, then the
ditch is yours; makes it tricky to clean out with a machine, but that is the
fact, the theory being that you dug the ditch on the boundary of your land,
piled the arisings on your land and planted a hedge on it or allowed one to
grow. The "hedge and ditch presumption" was reaffirmed in the House of Lords
in 1999 in the case of Alan Wibberley Building Ltd v Insley ( see Estates
Gazette 19th June 1999).
    Devon hedges are often turf and stone banks with a hedge atop, and
frequently are not associated with a ditch, so the "presumption is not a lot
of help.

Stephen
----- Original Message -----
From: "Alan Reeves" <alanreevesuk@xxxxxx.co.uk>
To: "UK Tree Care" <uktc@xxxxxxxxx.co.uk>
Sent: Friday, February 09, 2001 8:14 PM
Subject: Re: Fw: Ownership of Devon hedges


A Devon hedge belongs to Devon,


but for the rest -
Is it not true that if the ditch is your side the
hedge is yours ?

An ex Agric

--- Vic Morgan <100607.1666@xxxxxxxxxxx.com> wrote: >
Ah, how the old favourites come in useful. Page 148
of The
Arboriculturalist's Companion talks about boundary
ownership where hedges
are associated with ditches (the edge of the ditch
furthest from the hedge
is the boundary), but for lone hedges it suggests
that they are either
defined in the deeds or are party hedges.
Vic Morgan

----- Original Message -----
From: Chris Hastie <c.hastie@xxxxxxxxx.co.uk>
To: UK Tree Care <uktc@xxxxxxxxx.co.uk>
Sent: Thursday, February 08, 2001 6:56 PM
Subject: Ownership of Devon hedges



Does anyone know of any commonly accepted
principle or legal precedent
for ascertaining who owns a Devon hedge if no
indication is given on the
deeds?
--
Chris Hastie


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=====
Alan Reeves
27 Garstang Road North
Wesham
Kirkham
Lancashire
PR4 3DB
01772 XXXXXX   07971 XXXXXX

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