Resposibility for Ditches

[Frondeg]

Hi. I have a property (0.5 acres) which is surrounded by a dry stone wall. Historically a ditch was created along two sides to prevent flooding of my property. The ditches are on the outside of my boundary wall and are now overgrown.and the landowner has denied me access to reinstate them.
Who owns and is responsible for maintaining the ditches?
Any help would be very welcome as the flooding through my land is causing damage to my buildings.
Looking forward to your replies.

[Celestine]

Hi Frondeg - The Environment Agency has responsibility for this area and will be able to tell you what duties the landowner has. Without knowing more detail on the layout of the land it is hard to advise whether the owner of the ditches has a legal duty to maintain them to prevent your land flooding. The next question is whether this duty has existed for a long time and does his recent lapse of maintenance gives rise to a claim against him should you incur loss/damages. Probably also worth speaking with your household insurer and/or take advantage of an included legal support plan?

[des8]

It could also be that the ditches actually belong to you.
It was standard practice for landowners to ditch on the boundary and then throw up a wall or plant a hedge on their side of the ditch.

cf boundaries and ditch & hedge rule:**Vowles v Miller (1810) 3 Taunt. 137 and**Parmar v Upton*(2015),*
*

[seduraed]

As the previous poster mentioned the ditches may well belong to you. Look at your deeds, there may be an easement in them allowing you access to the adjoining property for the purposes of maintenance.

[Frondeg]

Thank you all for your replies. Here is a little more about my situation; my cottage and land is located on a Welsh hillside which means that surface water on the back and two sides is directed towards the property. It is clear to me that the ditch was dug out when the cottage was built to divert the surfave water flowing from the surrounding hillside entering the property but the landowner is claiming it is on his land and denying me access to reinstate it. I dont want to go to court over it but feel that I must have certain rights to reinstate the ditch.
Many thanks for any help.

[des8]

It certainly seems likely that the drainage ditches are on your land but If the landowner won't allow you access, your only recourse might be court.

If you wish to avoid that stress (and cost) is it possible for you to insert drainage on your side of the walls?

[seduraed]

Has your property been extended or did you buy recently? The land registry may show the boundary line. Have you asked the adjoining landowner the reason he wants to deny you access? You could simply go and clear the ditch with anything from the ditch going onto your property. Trespass is a civil matter and I doubt that they will prosecute, I don't think you would be guilty of aggravated trespass.

[Frondeg]

The landowner is obsessive about every blade of grass even though his rough pature land surrounding us is over 20 acres. We purchased the cottage and land in 1969 and he in 2011. The deeds plan are for location purposes only and do not define the actual boundary.

[des8]

Land Registry plans are only indicative, unless they have been "determined".
This carries a cost**https://www.gov.uk/your-property-bou...ary-determined

[Frondeg]

What about the legal term 'Hedge and Ditch presumption'?

[des8]

What about the legal term 'Hedge and Ditch presumption'?

see post 3

[Frondeg]

It is presumed that a landowner digs a ditch on the boundary of his own land. Putting the soil onto his own land and plants a hedge on it. Therefore the legal boundary for his land is actualy the opposite side of the ditch to that of his hedge. So he owns the ditch. Proven in many legal cases.

[des8]

It is presumed that a landowner digs a ditch on the boundary of his own land. Putting the soil onto his own land and plants a hedge on it. Therefore the legal boundary for his land is actualy the opposite side of the ditch to that of his hedge. So he owns the ditch. Proven in many legal cases.

That is why I was referring back to post 3 which contains links to some court cases

[Frondeg]

Yes thank you. I will see if I can pursue that with the landowner who has the belief that he owns the ditch and shares the boundary wall