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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 24570
Experience:  Senior Partner at Berkson Wallace
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I am trying to confirm the ownership of a surface water

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I am trying to confirm the ownership of a surface water ditch adjacent to my property
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have checked Title plans but it is not conclusive, the seller of the land has confirm that back in the 1700 the ditch was created by the then owner
JA: Where is the land located?
Customer: Henley Road Ipswich IP1 6TB title SK37368
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Not really

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

What is the issue with this ditch?

how long have you been in your property?

Customer: replied 9 days ago.
The ditch has not been maintained for many years, I have had ownership since 2002
Customer: replied 9 days ago.
No I just need an answer
Customer: replied 9 days ago.
Can you provide a Ownership legal letter of confirmation, as the original seller has verbally confirmed that the ditch is within my ownership, however all title plans are not conclusive, hedgerow is on my side of the ditch, which aligns with the general way ditches are created, "dig the ditch, place spoil on the land owned, plant hedgerow on the spoil

There is a hedge and ditch presumption and that is that the boundary is on the side of the ditch away from the hedge.

This is because the landowner digs the ditch on his own land and puts the dirt from the ditch along the edge and the hedges planted in the spoil from the ditch.

That is exactly what you are referring to.

If you agree what you are doing between you, then to avoid arguments in the future, you could simply get a deed drafted with the plan which shows that the ditch is yours along with the hedge although to be frank, I probably wouldn’t bother and if there is an argument in the future I would just refer to this correspondence and common law presumption.

A simple letter between the two of you would probably suffice.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Customer: replied 9 days ago.
Stuart, many thanks, ***** ***** be possible send an example of letter of confirmation?

You can do a simple letter between you or, if you wanted me to draft a deed for you I could do that.  You could then, if you wished, register it at the land registry although there is actually no need to do so, it just avoids getting lost.

There would be certain parts of the deed which you would need to complete but it would be straightforward enough.  A DIY job.

I will submit a premium services proposal for you.  It’s optional.

Stuart J and other Property Law Specialists are ready to help you

Confirmation Deed in respect of hedge/ditch boundary ownership.

Customer: replied 9 days ago.
Stuart was helpful and fully understanding, thank you for assistance

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.

Thank you for trusting Just Answer, and of course me,  with your legal problem.

Customer: replied 9 days ago.
Stuart, with regards to £59.00 offer, can you confirm I can adjust the letter if it is not in my opinion not fully correct?

Indeed you can.  We can bat it to and fro as many times as you like until you’re happy with it.

All that communication is by email which keeps it confidential between us.

Customer: replied 9 days ago.
Ok I will go ahead with customised service

I have the deed ready for you now.  I need your email address.

Customer: replied 9 days ago.

U got mail