Land Boundaries

Dalouise

This unlikely to turn into a land dispute, but as I am about to fence my boundaries...
Two of my boundaries are indicated by a row of trees on a bank, with a ditch on the far side. My question is, do I own the bank/trees AND the ditch or does the ditch belong to the other land owner? The current owner is not bothered (within reason) but if that land is ever sold I would want to be sure where the boundary is in case it came up then. I am hoping to use the trees as "posts" and rail between them, with added sheep wire, to keep my dogs from straying.
The OS extract doesn't help. I suppose it could come down to custom and practice - I am in Longford - but nobody locally appears to have an opinion.

plodder

As I understand it, (and take this with a pinch of salt coz I'm not a lawyer). The normal situation would be that the edge of the ditch on the other side to the trees would be the boundary. The reasoning why, I think, was that the original landowner had to dig the ditch entirely inside his own property, but starting at the boundary. But, I think this could be specified differently on the deeds of your property, so you would have to check that to be sure.

Like I said, that's a lay-person's understanding, and I could be wrong.

Dalouise

Thanks. I've never seen the deeds, though.

Quaver

The only way you will know for definite where your land ends is by looking at the Deeds, to which there should be a map attached. Either speak to the Solicitor you used when purchasing the land, as they might have a copy of them, or if you have a mortgage then your Bank has the originals. Maybe write to them and request a copy?

Dalouise

Thank Quaver, I'll drop a line to the solicitor.

Victor

There is at lest some case law on this - a situation where the boundary was the centre of the ditch and one party put a fence on the far side. The court held they could not claim adverse possession as they could not occupy a ditch.

Note, memberes of the garda call hedges "ditches".