Hello Joshua, No, their is not a ditch on either side. My garden is higher than the field and the earth bank is abour 0.5 of a meter higher than my garden. it has a hedge which was planted by my predecessor who lived here for 20 years and she told us we owned the Bank, Hedge and 1 mtr of ground on the opposite side of the fence which we have kept clear for the last 12 years. I have attached a picture of the property and also a paper from the national archive?
No I got it from the national archives, the 1964 conveyance shows a red line around our property, up to the edge of the road way
highways agree we own the lay by, the farmer to the north told us we own that bank and we have exercised rights over the southern bank because we have been told it was ours and previously the farmer never said anything when he saw us working on that strip of land????
The document was part of a Meering Mans Copy Book from the 1842 royal commission, ordnance survey of the county of devon, one of the questions they had to answer was ' how are property rights established, who owns which boundary and how are they made up' evidence was taken from the land owners at the time and recorded. This property and the field were owned by the same farming family from 1800s to 1964 when bothe were sold.
just this ;last one please? I have been told that the statute of limitations would halt his plans because the 12 year phase to recover land has passed?
also that the law regarding estoppel 'acquiessence' has come and gone in effect he is out of time?
the farmer has only owned the field for the last 4 years of my predecessors ownership of this property and he has never cut the hedge or repaired the bank?
no that's fine thank you, ***** *****