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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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The Inclosure awards 1857 state that we are responsible for

Customer Question

The Inclosure awards 1857 state that we are responsible for the boundary on the north west of the property. Presumably this includes the hedge?
Submitted: 3 years ago.
Category: Property Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I clarify if this is an allotment please or your home you are referring to?

Customer:

Grooms Farm

Joshua :

It is farm land. Is that correct?

Joshua :

Is there a ditch on either side of the hedge in question?

Customer:

yes

Customer:

yes the ditch is our side of the hedge

Joshua :

Thank you. Finally may I clarify which section of the IA 1857 you consider is relevant as much of the Act has been repealed or is no longer relevant to most situations?

Customer:

Inclosure Award and Map for the Parish of Binsted.

Joshua :

Thanks. The Inclosure Award under the E/Iclosure Acts has been replaced by the Law of Property Act 1922 and 1925 which converted awards to freeholds which is what you will own today.

Joshua :

Accordingly the Enclosure Acts are largely confined to history in terms of their impact on the law.

Joshua :

The position with regards XXXXX XXXXX is governed in part by your title but on the basis that most titles are silent or ambiguous with regards XXXXX XXXXX the title often does not resolve the position.

Joshua :

There is a common law presumption (which can be rebutted if you have evidence and want to rebut the presumption) that where there is a ditch and a hedge the boundary line lies at the ditch and not the hedge. So in your case the presumption would run that the hedge is not your responsibility because it is on the other side of the ditch.

Joshua :

Is there anything above I can clarify for you?

Customer:

No that's fine.

Customer:

Many thanks

Joshua :

A pleasure.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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Customer: replied 3 years ago.

As the Award has been converted to freehold under the 1922/25 Acts and the Award states we have responsibility for the north west boundary, surely that must include the hedge because one would not dig a ditch and not plant the hedge on the spoil from the ditch?

Expert:  Joshua replied 3 years ago.
Is somebody else claiming ownership of the hedge?
Customer: replied 3 years ago.

Yes, a neighbour who owns the adjoining paddock. He has made a big hole in the hedge so that our animals could escape through it.


He is not a farmer and does not keep stock

Expert:  Joshua replied 3 years ago.
the rule about a hedge and a ditch is merely a presumption at common law. It does not mean that where there is a hedge and a ditch than the ditch can only ever be a boundary line; it simply raises a presumption that the ditch is the boundary line but that presumption can be rebutted based on evidence. For example, if your title deeds suggest that the hedge is your boundary line relatively conclusively, title deeds can amount to sufficient evidence to rebut the above presumption. In addition, if you have other evidence to support a rebuttal such other evidence can be considered as well

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