1. Where a hedge has an artificial ditch on one side, the hedge is presumed to belong to the owner of the field on whose side of the hedge there is no ditch, unless deeds state otherwise. The boundary is the side of the ditch farthest from the hedge. The presumption is that, when the boundary feature was created, the owner dug the ditch immediately to his side of the boundary line, and used the soil to make the hedge bank.
  2. If a ditch exists but has been so damaged or neglected that the exact edge cannot be determined, local custom may allow a width of 4’ 6” (1.3m) from the root of the hedge to the far side of the ditch. However, this ‘custom of the country’ may not be followed by a court of law.
  3. Where the hedge is ditched on both sides or on neither side, ownership is usually mentioned in the deeds. The hedge may be a party boundary, belonging to both parties. If the hedge is planted right on the boundary, half belongs to one side and half to the other, with the dividing line taken vertically from the boundary line.
  4. Where ownership of a boundary is known, ‘acts of ownership’ by the other party, such as trimming, laying, replanting, ditching or felling and removing trees, will not alter the ownership, even if these acts continue for many years. However, where ownership is not clear from the deeds or from the presence of a ditch, ‘acts of ownership’ by one party may be taken as evidence of ownership.

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