Originally posted by des8
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Cricket Club next door to my Farm have taken down my hedge and trees...
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I assume that your property is in England or Wales.
You seem to be relying on the "hedge and ditch" presumption to establish that the boundary between your land and that of the cricket club is situated on the far side of the ditch from the hedge. The hedge and ditch presumption is rebuttable, and will not apply where the ditch was dug before the boundary was created. When what is now your land and the cricket land was owned by your predecessor there was no boundary between the lands: they were in common ownership. The boundary was created the moment that either your land or the cricket land were sold to different owners. From what you have said it seems that the ditch was already in existence at that time, so the hedge and ditch presumption is not applicable. and cannot be used to establish the position of the boundary. If you would like to read about this go on-line to the baiili.org website and type in "hedge and ditch" (with the inverted commas), you wiil be presented with a list of cases where it is mentioned. The two cases mentioning Alan Wibberley Building will be of most interest to you. Read them in date order.
Given that the presumption is of no use to you to establish the boundary position you will need to rely on the "parcels clause" in the conveyance of yours and the cricket land along with any associated plans. The Land Registry may well hold a copy of this. It may be mentioned in the Title Deeds as "copy filed" (or similar) You can apply (by post) for a copy at a cost of £7 per document.
Almost always ( unless you have a determined boundary... and this is rare) the Title Plans issued by the Land Registry show "general boundaries" only. Since the Land Reg use Ordnance Survey maps the redline (general boundary) is drawn along the nearest line on the map. This might well be the centre line of a hedge, which might be next to a ditch which isn't marked on the map.So it is possible that the red line is not positioned very accurately.
Even if the legal boundary at the time the land was divided from common ownership was along the cricket side of the ditch, it may be that now you have effectively lost title to that strip of land by adverse possession in that you say that the cricket club filled in the ditch (an act showing they were dealing with the land as a true owner might).
Regarding the cutting down of trees etc. If those trees were on the cricket land they have a right to fell them if they wish (assuming no TPO's). Also a land owner has the right to cut any branches (or roots) which grow over from neighbouring land at the point they cross the boundary, Perhaps bizarrely they should offer the tree owner the "arisings"back ( but must dispose of them themselves if the offer is refused...so no cutting and throwing the branches back on the land of the tree owner).
From what you have written it seems likely that your "case" against the cricketers is not strong ( ie. weak). Perhaps you would do better to try to get them to install a nice new fence between you both, even if this seems as though you are losing a strip of what you think of as your land. Taking this down the "legal route" will do nothing more than pay for some solicitors to go on an extravagant holiday. If you can come to an arrangement with the cricket club about whereby you can both agree the boundary position (an agreed boundary) you can get that situation legalised at minimal cost.
Good luck with this.
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