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Farm Business
Tenant Farming, Subsidies, BPS & Legal Issues
Who does the tree belong to ?
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<blockquote data-quote="Muttsnutts" data-source="post: 7114142" data-attributes="member: 78594"><p>A question regarding who owns a tree that in in a ditch between our field and a neighbours field and part of that tree overhangs a house who says that it may cause damage to their house, they say it needs to be removed (a sizeable job due to location and size of tree)</p><p></p><p>The tree is in the ditch....but who's ditch is it ? ......I have found the following extract on the gov web site but cant seem to make sense of it ? ......can anyone decipher ? It reads the following. </p><p></p><p>Where 2 properties are divided by a hedge or bank and an artificial ditch, the boundary is presumed to run along the edge of the ditch furthest from the hedge or bank. This is based on the principle that an owner, standing on his boundary looking inward, dug his drainage ditch within his boundary, threw up the soil on his home side, and then planted a hedge on the mound. This presumption only applies to man-made ditches and does not apply if it can be shown that the ditch is natural or if it can be established that the boundary feature was made while the lands on both sides were in common ownership.</p></blockquote><p></p>
[QUOTE="Muttsnutts, post: 7114142, member: 78594"] A question regarding who owns a tree that in in a ditch between our field and a neighbours field and part of that tree overhangs a house who says that it may cause damage to their house, they say it needs to be removed (a sizeable job due to location and size of tree) The tree is in the ditch....but who's ditch is it ? ......I have found the following extract on the gov web site but cant seem to make sense of it ? ......can anyone decipher ? It reads the following. Where 2 properties are divided by a hedge or bank and an artificial ditch, the boundary is presumed to run along the edge of the ditch furthest from the hedge or bank. This is based on the principle that an owner, standing on his boundary looking inward, dug his drainage ditch within his boundary, threw up the soil on his home side, and then planted a hedge on the mound. This presumption only applies to man-made ditches and does not apply if it can be shown that the ditch is natural or if it can be established that the boundary feature was made while the lands on both sides were in common ownership. [/QUOTE]
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Who does the tree belong to ?
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