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This article will delve into the various types of drainage ditches, such as v ditch and bar ditch drainage systems, and outline the maintenance duties of homeowners and local governments.
Feb 27, 2018 · A boundary feature can be a fence, wall, hedge, ditch, piece of wire, or sometimes even just the edge of a driveway. They can be the cause of heated debate and trigger arguments between...
- Introduction
- Definition of A Boundary
- Difficulties in Showing The Precise Position of Physical Boundaries on Plans
- Identifying The Position of The Legal Boundary
- General Boundaries
- Fixed Boundaries
- Boundary Agreements and Determined Boundaries
- Ownership and/or Maintenance of Boundaries
- Party Wall Etc Act 1996
- Accretion and Diluvion: Non-Tidal Rivers and Streams
We are all familiar with boundaries because we see them every day. Our own properties will probably have some kind of boundary structure that separates it from neighbouring properties. Some structures appear natural, living things like hedges and tree lines. Others are obviously man-made such as walls, timber fences and ditches.
The word ‘boundary’ has no special meaning in law. There are 2 senses in which it can be used: legal boundary and physical boundary.
Ordnance Survey translates the landscape into mapping we use today and have used for many decades. A line shown on the Ordnance Survey map indicates that a feature existed in that position, subject to certain limitations at the time of the survey. See practice guide 40: supplement 1 - the basis of HM Land Registry plansfor more information. Whilst ...
Case law establishes that the position of the legal boundary will depend on the terms of the relevant pre-registration conveyance or the transfer as a whole, including, of course, the plan. If the plan is insufficiently clear for the reasonable layperson to determine the position of the boundary, the court can refer to extrinsic evidence and in par...
Given the difficulties referred to above in establishing the position of the legal boundary, the great majority of registered titles show only the ’general boundaries’, under section 60(1) of the Land Registration Act 2002. We will complete a first registration without making detailed enquiries as to the precise location of the legal boundaries. Ti...
This procedure has been superseded by the determined boundaries provisions referred to in practice guide 40: supplement 4 - boundary agreements and determined boundaries. It allowed the precise identification and registration of the position of part or the whole of the title boundaries. Fixing a boundary was a very expensive process and only a hand...
However effective registration with general boundaries is for the majority of titles, there are occasions where an owner might require something more precise. There are 2 ways to achieve this: 1. using a boundary agreement 2. lodging a determined boundary application The first option always requires the agreement of adjoining owners and the second ...
There are various notions that the way a wall or fence is constructed indicates ownership, for example that the posts and arris rails of a fence are on the owner’s side. There is, however, no legal foundation for such beliefs. Deeds may contain covenants to maintain a wall or fence but on their own, such covenants do not confer ownership. Where the...
The purpose of this Act is to regulate the manner in which works to party walls and other works adjacent to boundaries are carried out. In general terms the Act does not affect ownership of land although it does provide that the owner who has carried out works remains the owner of those works until the neighbour pays a share of the costs. We cannot...
The doctrine of accretion and diluvion recognises the fact that where land is bounded by water, the forces of nature are likely to cause changes in the boundary between the land and the water. We would expect these changes to be gradual and imperceptible. As the watercourse changes naturally and progressively with time, so the land boundary follows...
Oct 20, 2023 · Generally, you must obtain the consent of your neighbour to discharge surface water onto their property and legal advice is recommended. However, if this is not possible, you may need to explore alternative drainage solutions, such as SuDS, to manage water on your own land.
A roadside ditch which conveys water away from the adopted highway is classified as a watercourse and as such remains the responsibility of the riparian owner. How important can the ditch be, it rarely has water in it? Even if the ditch is often dry the responsibility of maintenance still applies.
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Sep 12, 2020 · The Hedge and Ditch rule provides that where two properties are separated by a hedge and a man-made ditch (or a bank and ditch), there is a presumption that the boundary is along the opposite edge of the ditch from the hedge or bank (see Parmar v Upton [2015] EWCA Civ 795 for a modern application of this rule).
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Generally, your drainage system will be classed as surface water, foul water, pumped or gravity. The best option for you will depend on the layout of your property, the gradients involved, how much pipeline is needed and where the points of connection are located. Gradients are especially important.
Removal of title deed restrictions; Rezoning; Consolidation & Subdivision; Consent uses. Land use Management; Zoning certificates; SPLUMA Certificates, SG Diagrams; Title Deeds
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