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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
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I own land next to a canal where the bank side vegetation has

Resolved Question:

I own land next to a canal where the bank side vegetation has destroyed the boundary fence.
Who is legally responsible to remove the vegetation. ?
My deed plan does not make it clear if my boundary is the canal water itself or the landward side on the canal bank retaining wall.
It is on the oposite side of the canal to the towpath
Submitted: 1 year ago.
Category: Property Law
Expert:  LondonlawyerJ replied 1 year ago.
Hello, I am a solicitor with 20 years experience. I will try to answer your question for you.
There are 2 legal presumptions that apply here.
Canals are presumed to have been dug on land belonging to, or acquired by, the canal's operator. Land adjoining a canal must therefore be bounded by the edge of the canal's land, and not by the centre of the waterway.
Fences will normally be presumed to have been erected by the owner of the land on which they stand such that the the boundary runs along the outer face of the fence.
Your boundary is the outer face of your fence.
It will technically be the owner of the canal who is responsible for the vegetation. However if it is on the opposite side ot the towpath this may not be something they routinely maintain and it might be quite difficult to get them to do anything. In practical terms it might be that the best thing to do is to sort out the vegetation yourself.
Do you have neighbours in the same position? What do they do?
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