Ditch responsibility!

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Ditch responsibility!
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dan1

Joined: 23 Jun 2010
Posts: 102
Location: Bristolish

Posted: Thu Aug 28, 14 6:19 pm Post subject: Ditch responsibility!
Can anyone point me to the rules/statute around who should clear ditches where they form boundaries. My understanding was that you were responsible for up to the mid point, which in practice would mean youn shared the cost of clearing. My neighbour maintains that a ditch on his side of our boundary hedge is my responsibility because my land's uphill Any pointers gratefully received! Dan

pollyanna

Joined: 03 Nov 2012
Posts: 221

Posted: Thu Aug 28, 14 7:47 pm Post subject:
Whose boundary hedge is it? It will be marked on your farm map/deeds. In my experience one's neighbour always wants to deny responsibility unless it is to his advantage!

Ty Gwyn

Joined: 22 Sep 2010
Posts: 4613
Location: Lampeter

Posted: Thu Aug 28, 14 7:57 pm Post subject:
Very unlikely its your responsibility,unless the hedge was planted after the ditch was dug, If it was,it would mean you entering his land to clean the ditch.

onemanband

Joined: 26 Dec 2010
Posts: 1473
Location: NCA90

Posted: Thu Aug 28, 14 7:58 pm Post subject:
I thought this was going to be a thread about being feckless. Oh well back to the grindstone. Sorry don't know about ditches.

Rob R

Joined: 28 Oct 2004
Posts: 31902
Location: York

Posted: Thu Aug 28, 14 9:04 pm Post subject:

Ty Gwyn wrote:

Very unlikely its your responsibility,unless the hedge was planted after the ditch was dug,
If it was,it would mean you entering his land to clean the ditch.

That's exactly how it does work, the ditch belongs to the person who has the hedge on their side. Our neighbour owns up to the top of the ditch at our side, with the hedge on his side. In practical terms we clean the dyke out (because we make a neater job) but we should really ask him to do it.

dan1

Joined: 23 Jun 2010
Posts: 102
Location: Bristolish

Posted: Fri Aug 29, 14 3:07 am Post subject:
But does anyone know where it's "written down", is there any clear guidance, or is it decided on a case by case basis?

Nick

Joined: 02 Nov 2004
Posts: 34535
Location: Hereford

Posted: Fri Aug 29, 14 6:34 am Post subject:
It should be marked on your deeds.

dan1

Joined: 23 Jun 2010
Posts: 102
Location: Bristolish

Posted: Fri Aug 29, 14 6:41 am Post subject:
That's a good point, Nick, and I'll try and check that. It won't, however clear up the question of whether I'm responsible of or the whole of the ditch which is downhill of my land...

Mistress Rose

Joined: 21 Jul 2011
Posts: 15997

Posted: Fri Aug 29, 14 7:53 am Post subject:
It all stems from the old ditch and bank system. In fact unless otherwise stated on the deeds, your land extends to the side of the ditch furthest from you regardless of the lay of the land. As far as keeping ditches clear, it used to be a job for the hedger and ditcher who trimmed or layed the hedge and dug out the ditch, the results being thrown up onto the roots of the hedge.

Nick

Joined: 02 Nov 2004
Posts: 34535
Location: Hereford

Posted: Fri Aug 29, 14 10:05 am Post subject:

dan1 wrote:

That's a good point, Nick, and I'll try and check that. It won't, however clear up the question of whether I'm responsible of or the whole of the ditch which is downhill of my land...

It's Pollyanna's point.

And it the hedge and ditch are on your land, they're yours. If they're on his land, they're his. Your deeds will show where your boundary is.

Rose, can you clarify your statement? How can everyone's land extend to the far side of the ditch? That means a ditch dividing two bits if land is owned by two people. Sounds in likely.

Rob R

Joined: 28 Oct 2004
Posts: 31902
Location: York

Posted: Fri Aug 29, 14 10:13 am Post subject:

Nick wrote:

Rose, can you clarify your statement? How can everyone's land extend to the far side of the ditch? That means a ditch dividing two bits if land is owned by two people. Sounds in likely.

Another Rose can - it is a case of who owns the boundary, which is always the person who owns the land at the same side as the hedge. The person who owns the ditch (and therefore the hedge, because the hedge is planted on the spoil from the ditch) doesn't have to enter the neighbour's land to clean out the hedge or cut back the ditch because the ditch belongs to him/herself, not the neighbour). The matter of access only changed with the advent of mechanical diggers.

Ty Gwyn

Joined: 22 Sep 2010
Posts: 4613
Location: Lampeter

Posted: Fri Aug 29, 14 12:40 pm Post subject:

I find this rather fasinating and also confusing,

If water from land uphill from one property is flowing onto another property down hill,the property Uphill has the responsibility to divert the water before entering ones neighbour,therefore the ditch should be on the Uphill side of the boundary,
Well that`s how it works in Wales anyway,but it all gets complicated when farms are broken up and sold.

I dare say things are different on flatish wetlands,where the ditches/dykes are the boundaries.

gz

Joined: 23 Jan 2009
Posts: 8955
Location: Ayrshire, Scotland

Posted: Fri Aug 29, 14 12:51 pm Post subject:
What about roadside ditches?

Rob R

Joined: 28 Oct 2004
Posts: 31902
Location: York

Posted: Fri Aug 29, 14 12:52 pm Post subject:

Ty Gwyn wrote:

Yes, you could be right on the last point but I would imagine that, on uplands, you're wanting to avoid the neighbours water entering your land? The neighbour wouldn't care, as he's getting rid of it however?

Also, you don't want water rushing straight into a dyke and taking your soil & nutrients with it, better to slow it down and filter out the soil with a hedge/bank, perhaps.

Dogwalker

Joined: 20 Mar 2007
Posts: 1231
Location: Mid Wales

Posted: Fri Aug 29, 14 7:25 pm Post subject:

Same applies in this bit of Wales.

Some of my fields I'm responsible for the hedge and ditch part way and whichever neighbour the rest. It seemed odd until I saw an old survey plan from 1750-something which had some crossways hedges dividing the fields even smaller than they are now.

The only one that doesn't go by that rule is the bottom boundary which only has a stock fence and ditch on neighbours side which are both his and that's the only relatively recent boundary change.

In practise one neighbour who owns a mini digger and rents the land from the others does them all.

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