site boundary

ellewood

hi, the brothersold a site a while back and yer man is going to build on it soon it has a ditch along 2 sides and the road along the other and ive steaks and wire dividing the side ajoining my field.

the question i have is on the ditch where does the boundry lie, at his edge, in the middle or at my edge the ditch is about 1-1.5 metres wide

any info would be great tks

LostCovey

ellewood wrote: »

hi, the brothersold a site a while back and yer man is going to build on it soon it has a ditch along 2 sides and the road along the other and ive steaks and wire dividing the side ajoining my field.

the question i have is on the ditch where does the boundry lie, at his edge, in the middle or at my edge the ditch is about 1-1.5 metres wide

any info would be great tks

It depends what you mean. Legally it is probably the centre point of the boundary. However here in the west a boundary fence is often split in halves at the midpoint lengthwise between neighbours (you maintain that half, I will maintain this half), which works fine for field boundaries, but probably not the best for a house site.

No metre of any land is worth a row with a neighbour.

LostCovey

bbam

It would be typical that the line of the wire fence is the boundary.
It would also be typical that the new site owner is responsible for errecting a stockproof boundary before commencing work (may be too late for this stipulation now)..

valtra2

center of dicth is the boundery no matter what,

dar31

valtra2 wrote: »

center of ditch is the boundary no matter what,

+1

ellewood

no theres no arguement - unless he tells digger man to start digging out in my field havent even met hhe man yet i just wanted to know just in case also its in the sale contract for him to errect a stockproof fence i just have a tempory fence up to stop calves going out on to the road

me_right_one

valtra2 wrote: »

center of dicth is the boundery no matter what,

Thats what I always thought aswell

reps4

Resurrecting here i know..

Just peoples opinion a few yrs later on a site that is to be walled off from an agricultural field. Wall will be approx 2m wide over 150m length.

is the wall

- wholly inside the new site boundary
- 50/50 between both
- wholly within the original field.

Anyone have the official take on this, i understand 50/50 is sensible approach but would like to know the exact detail.

Thanks,!

J.O. Farmer

reps4 wrote: »

Resurrecting here i know..

Just peoples opinion a few yrs later on a site that is to be walled off from an agricultural field. Wall will be approx 2m wide over 150m length.

is the wall

- wholly inside the new site boundary
- 50/50 between both
- wholly within the original field.

Anyone have the official take on this, i understand 50/50 is sensible approach but would like to know the exact detail.

Thanks,!

At 2m wide is it a prison boundary, landowner might not see giving up a meter to the wall as sensible.

It might need to on the site though otherwise you only own half.

Buford T. Justice XIX

reps4 wrote: »

Resurrecting here i know..

Just peoples opinion a few yrs later on a site that is to be walled off from an agricultural field. Wall will be approx 2m wide over 150m length.

is the wall

- wholly inside the new site boundary
- 50/50 between both
- wholly within the original field.

Anyone have the official take on this, i understand 50/50 is sensible approach but would like to know the exact detail.

Thanks,!

Wholly on the site. Imagine if the farmer decided to erect a fence just inside or on the boundaries of the site, it would start WWIII.

The wall would be the site owners wall so it should be within the boundaries of their site.

blackbox

If you meant 2 meters high, it will probably require planning permission.

If sharing the cost, build it on the boundary. Otherwise, whoever is building it should put it inside his or her boundary and retain ownership.

reps4

hi,

its being built with large rocks and will vary between 1-2m in width. the 'good' face will be toward the site side.

im not concerned about the loss of ground, (it'll be there after us!!) its the potential mapping/other issue may arise if i ever decide sell.. and realize all need sto be re mapped etc causing more confusion!

Donald Trump

Ditches used to be dug out of one field and owned by the person who owned that field -> Ditch dug out on one side with a corresponding bank and fence/hedge planted by the other person (on their land). Over time and generations, the banks got levelled out across the field and hedges grew on both. So in most cases, who owned the ditch might be forgotten (unless clear on maps) but at one stage it was fully owned by one of the parties. So when you don't know, then you can agree to split down the middle. Ultimately it goes on the maps where there are accurate enough to show it. If a stream moves over time, then you can end up, in theory, owning a slice of ground on the other side and not realise it.

As for boundary wall, if you are constructing it and want to keep full control over it, you need to put it fully on your own bit.

When your brother was selling the site, he could have (or should have) made it clear where the site ended. Which might in theory mean that maybe you or your brother "owns" the ditch, but now knowing exactly which one of you. But the important part would be that it is clear that the new neighbour does not own it!


I heard a story about someone who bought a site alongside a very wide/deep ditch/hollow and a few years later filled it in and tried to claim it. I think they won eventually!

listermint

thats not a wall, a wall implies an unbroken boundary with foundation. Your dropping large rocks over a 150m length of your land. You cant drop them over the other landowners side.

Donald Trump

listermint wrote: »

thats not a wall, a wall implies an unbroken boundary with foundation. Your dropping large rocks over a 150m length of your land. You cant drop them over the other landowners side.

Yeah, imagine if the farmer dropped up one day and said "I've a lad coming with a load of builders rubble. I'm going to use it to build a 10m wide "wall" along our boundary there. As it's a shared boundary, it will be 5m wide out onto my side and 5m out into your side - oh, and also, I'll leave the 'nice' side facing my field. Fair enough?" :pac:

Markcheese

Will you still be responsible for having a stock proof fence on the boundary line ? Say for eg there are bulls in the field next to the new stone and earth bank and they start tearing up your bank ?
I've seen where a house planted a nice hedge along their boundary fence , grea,t untill next doors cattle started eating the hedge ,farmer reminded house owner that it was their responsibility to provide a stock proof fence .,.

Donald Trump

Markcheese wrote: »

Will you still be responsible for having a stock proof fence on the boundary line ? Say for eg there are bulls in the field next to the new stone and earth bank and they start tearing up your bank ?
I've seen where a house planted a nice hedge along their boundary fence , grea,t untill next doors cattle started eating the hedge ,farmer reminded house owner that it was their responsibility to provide a stock proof fence .,.

It's now up to the animal owner to keep their animals in. Unless of course that is superseded by some other agreement. I'd imagine that an animal sticking it's head across a low fence and eating something would be technically the same thing