Boundary lines on agricultural land in Yorkshire: who owns them and who is responsible for maintenance?

It’s a thorny issue, but what is a boundary, and who is responsible?

Determining boundaries on agricultural land: Where do you draw the line? Charlotte Boyes, Solicitor at Wilkin Chapman, offers her advice

Agricultural land often presents a range of unique legal challenges to solicitors. One issue is determining where boundaries lie, and who is responsible for maintaining them.

While modern transactions usually address the issue of where a boundary lies and who is responsible for it, older deeds and documents often do not provide clear guidance. It is important for landowners to establish exactly who is responsible for what, and understand the obligations related to such boundaries.

Locating boundaries

Important information for landowners, workers and walkers

The hedge and ditch presumption is that:

"No man, making a ditch, can cut into his neighbour’s soil, but usually he cuts it to the very extremity of his own land: he is of course bound to throw the soil which he digs out, upon his own land; and often, if he likes it, he plants a hedge on top of it.” - Vowles v Miller (1810).

As a result, on agricultural land divided by a hedge and a ditch, it is usually presumed that the boundary lies on the opposite side of the ditch to the hedge. However, this is not always the case, and it can be challenged by evidence to the contrary including within the title deeds and other documents.

Establishing responsibility for maintenance

Once it has been established where the boundary lies, the next issue that must be addressed is who is responsible for its maintenance. This can be outlined in the title deeds or in a separate agreement.

If there is a watercourse running through or along the boundary of your land, you may have certain obligations as a ‘riparian owner’.

As a Riparian Owner, some of these obligations include reporting incidents to the Environment Agency, not polluting the water and obtaining permission before using herbicides (weed killers) to control weeds near the watercourse.

Riparian owners do have the right to protect their property from flooding and erosion but must obtain appropriate permissions before making any changes to the watercourse.

In addition, they are responsible for maintaining the flow of water and removing blockages or overhanging branches. They must also take steps to prevent the spread of invasive species and apply for licences if they want to remove or alter the watercourse.

If you wish to clarify your boundary ownership or want to discuss the issue please contact Charlotte Boyes on 01482 398829, email [email protected] or visit www.wilkinchapman.co.uk/sectors/agriculture-and-food