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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31034
Experience:  Over 5 years in practice
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Customer Question

I believe there is an old Leicestershire custom on boundaries with hedges, where there is or was a ditch, that the boundary lies "4 feet from the stovings" i.e. from the roots of the hedge. Is this correct, and if so where would I find written confirmation
Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.
-Could you explain your situation a little more?
Customer: replied 4 years ago.

My house fronts to a very old trunk road. the front boundary is a hedge, now with a footpath which did not exist many years ago. I believe there was in the past a ditch on the road side of the hedge, which I understand the Leicestershire County Council piped, many years ago, and constructed a footpath. They are now seeking to widen the road and footpath, and are trying to claim land right up to the roots of the hedge. I accept they probably have a prescriptive right limited to the diameter of the pipe, but I consider that I own the land between the pipe and the hedge roots, as this is not surfaced in tarmacadam.

Expert:  Stuart J replied 4 years ago.

I am not aware of any 4ft convention in Leics or anywhere else.

I will opt out in case anyone else knows on here.

Customer: replied 4 years ago.


Ok, thanks anyway.


 


As a (retired) Leicestershire solicitor dealing in property over many years, I KNOW the custom exists! However I need some documentary evidence, which unfortunbaterly is hard to come by.


 


I will pursue it locally

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