- Location
- Scottish Highlands
...or march, as we say in Scotland?
Where the march is defined by a burn, stream, ditch, or water course, I have always been led to believe it is the centre line of the water course. This applies to any water course that is running 365 days a year. I believe it is probably the same all over Britain and Ireland, and possibly beyond, established by long custom under Common Law. But am I right?
This makes for some interesting situations. A water course will often change, especially after flooding. So it is my understanding that the boundary/march changes with the situation on the ground. I remember being told of a German incomer who had 'improved' the banks of his property (in Southern Ireland/Eire) which had the effect of diverting the flow in the river bordering his land. There was a big court case when the altered flow washed away several acres of land belonging to his neighbour across the river. (This is years ago, so quite possibly Irish law has changed since). The German was held liable for compensating his neighbour for the lost land. Seemed fair enough to me but my hosts disagreed.
Another case that did not go to court (in Scotland) was where a flood caused the course of a river to change, sweeping away the stock proof fence which had been erected by one owner on his side. This was on low value hill land and In that case the adjacent land owners mutually agreed to share the cost of a single fence on one side, choosing the easiest route for the fencing contractor.
But I believe that the centre line of a water course is usually taken as the march where there is an absence of information to the contrary. Each landowner is responsible for maintaining the 'river' and bank on his side, except for routine cleaning. Ditch cleaning is shared "turn and turn about", one year it is one owner who cleans a stretch, then the next time it is the other land owner.
The cleaning of man made ditches may be different as presumably they are made for the benefit of the landowner who dug them, with the spoil being left on his own land. Of course, fences and walls are a whole different ball game but maybe we should leave that for another day! All we need is one bad neighbour to make the solicitor's day!
What is the practice where you farm?
Where the march is defined by a burn, stream, ditch, or water course, I have always been led to believe it is the centre line of the water course. This applies to any water course that is running 365 days a year. I believe it is probably the same all over Britain and Ireland, and possibly beyond, established by long custom under Common Law. But am I right?
This makes for some interesting situations. A water course will often change, especially after flooding. So it is my understanding that the boundary/march changes with the situation on the ground. I remember being told of a German incomer who had 'improved' the banks of his property (in Southern Ireland/Eire) which had the effect of diverting the flow in the river bordering his land. There was a big court case when the altered flow washed away several acres of land belonging to his neighbour across the river. (This is years ago, so quite possibly Irish law has changed since). The German was held liable for compensating his neighbour for the lost land. Seemed fair enough to me but my hosts disagreed.
Another case that did not go to court (in Scotland) was where a flood caused the course of a river to change, sweeping away the stock proof fence which had been erected by one owner on his side. This was on low value hill land and In that case the adjacent land owners mutually agreed to share the cost of a single fence on one side, choosing the easiest route for the fencing contractor.
But I believe that the centre line of a water course is usually taken as the march where there is an absence of information to the contrary. Each landowner is responsible for maintaining the 'river' and bank on his side, except for routine cleaning. Ditch cleaning is shared "turn and turn about", one year it is one owner who cleans a stretch, then the next time it is the other land owner.
The cleaning of man made ditches may be different as presumably they are made for the benefit of the landowner who dug them, with the spoil being left on his own land. Of course, fences and walls are a whole different ball game but maybe we should leave that for another day! All we need is one bad neighbour to make the solicitor's day!
What is the practice where you farm?
