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Let’s clear up the confusion of who owns the bank. The ditch owns the bank. Good, I'm pleased that we've resolved that matter.

The hedge and ditch rule, a closer look.

In a case occurring in 1810, just a few years prior to the Battle of Waterloo, Mr. Justice Laurence articulated, "The guideline pertaining to excavating stands as follows: No individual constructing a ditch can encroach upon his neighbours’ territory; generally, the excavation extends to the outermost boundary of his own land. Naturally, he must deposit the soil he removes onto his own property; and frequently, if he desires, he establishes a hedge atop it."

“The presumption holds that where two properties are divided by a hedge and a ditch, the property boundary is presumed to be on the opposite edge of the ditch from the hedge. This is based on the principle that the owner would have stood on the boundary facing toward his own land, dug the ditch on his own land, piled the spoil on his home side to form a bank, and planted a hedge on the bank.

Although the hedge and ditch presumption applies only to agricultural land, there are numerous examples of a hedge and ditch boundary surviving the development of a housing estate on either side of it. If a boundary dispute should arise between two properties that stand one either side of this former agricultural hedge and ditch then the presumption is usually still applied.”

I have asked the arrows for some help. Yellow arrow – the woodbank which has been made by the soil dug from the ditch. Blue arrow – the ditch. Red arrow – edge of the ditch and this is in fact is the boundary between the two parcels of land.  Have a look the next time you are out and about. However, the arrows won’t be there, so you best remember this…….