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| Legal Presumptions with regard to Property
Boundaries |
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In
the absence of evidence to the contrary the following
legal presumptions apply with regard to boundaries.
Evidence to the contrary is usually, but not always,
in writing and will usually be contained in the
documents registered at HM Land Registry, i.e.
the property register, title plan and registered
documents which have been copied into the certificate,
e.g. conveyances and transfers. They may also
be contained in the pre-registration deeds if
the same are still available. |
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Hedge & Ditch
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Where two properties are divided by a hedge
(or bank) and a ditch the boundary is presumed
to be on the far side of the ditch from the
hedge. This presumption is based on the surmise
that the owner of the land, standing on his
side of the boundary, looking towards his own
land, dug his drainage ditch within his own
boundaries and planted a hedge on the mound
of earth removed from the ditch.
This presumption can be rebutted by evidence
to the contrary. In any event it only applies
to man-made ditches and does not apply if at
the time the ditch was dug the land on either
side was owned by the same person.
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Roadways |
The boundary of
land abutting a public highway or a private right
of way extends to the centre thereof, subject
to the rights of the highways authority who will
usually have adopted the surface. However, the
owner of the land will own the subsoil, theoretically
to the centre of the earth, and the space above.
Where the highways authority have adopted the
surface they are liable for the upkeep of it.
This presumption is subject to
contrary agreement, which would normally be evidenced
in the aforesaid Land Registry documents, as well
as in the Agreement & Bond lodged with the
local authority
As a general rule Ordnance Survey
maps and the index maps held at the Land Registry
show the boundary as extending only to the edge
of the road. This is general practice and does
not override the legal presumption of ownership.
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Non-Tidal Rivers
and Streams |
Again, the boundary
of land abutting a non-tidal river or stream is
presumed to extend to the centre thereof. If the
course of the river or stream changes naturally
then the border follows the changed course, but
not if the course of the river or stream is changed
purposely or by any sudden means (whether natural
or unnatural. |
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Lakes |
The bed of a
lake belongs to the owner of the surrounding land
if the lake lies within his sole ownership. If
it does not lie within his sole ownership there
is no such presumption. |
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Sea Shore |
Where land joins
the sea the boundary lies at the top of the foreshore,
i.e. the land lying between the high and low water
marks of an ordinary tide between spring and neap.
The foreshore is owned by the Crown unless demised
by it. The same presumptions apply to land bordering
tidal rivers and inlets.
The high and low water marks
may move gradually over time, in which case the
boundaries will move with them, except where the
land moves suddenly. |
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