Boundary Hedge

[sandmaster]

Does a 'T' on a set of deeds always indicate ownership of a hedge or can it be interpreted as conferring responsibility for maintenance?
My deeds show our mutual border as being through the centre of the hedge but no 'T' and my neighbour's deeds show a 'T' against his side. His house was built before mine which remained as farmland for some time. Our houses back onto each other.

[dzug2]

What do his deeds say as to the meaning of the T? On its own it doesn't mean much.

[buildersmate]

What issue are you are seeking to solve.
Do you want to own it, cut it, not cut it, ensure he doesn't cut it?
It might help if we knew the context, since presumably the question in your mind extends further than pure ownership.

[cassa333]

If the T is on your side it means the boundry fence is your responsibility. If it is on your land then the fence is deemed your property. Please remember that unless there are unequivical boundry markers then EXACT boundry locations are difficult to know so a margin of error on either side is possible.

Unless otherwise stated in your deeds OR you have animals then you are under no obligation to erect a fence of any kind. By the same token if your neighbour has animals it is their resposibility to fence them in not you.

If, in the past, your neighbour paid for and installed a new fence on YOUR land then unless it has been agreed already he has in all likely hood perhaps unknowingly gifted you a new fence.

Again unless there are the above boundry markers the hedge trunk or centre of the hedge would be deemed the boundry.

The owner has a duty to maintain his hedge as he sees fit unless otherwise stated on the deeds or agreed (preferably in writing).

With some exceptions the owner of a hedge does not have to maintaine the neighbours side. The neighbour can cut and maintain it up to the boundry but no further and must offer the cuttings back. The owner does not have to accept them and the neighbour then has to dispose of them himself.

[boxtops]

I agree - my understanding is as stated by cassa. There,the T on the deeds therefore shows that it is your neighbour's boundary.

[sandmaster]

Thanks everyone. My deeds show on the pre registration map attached that the boundary runs through the centre of the hedge. My neighbour's deeds just show a 'T' against the boundary. He takes this to mean ownership whereas I always thought it shows responsibility. The hedge is an old field hedge and was there before either property was built, probably hundreds of years. It is very deep and the gardens small so ownership could be very important. I am very happy to leave maintenance to him but I ownership of the whole hedge is another matter. The land registry site appears to support him but I cannot believe that a 'T' can arbitrarily confer ownership.

[dzug2]

The deeds should have a clause in them stating the precise meaning of the T - ie words as well as a plan. One wording I've seen is 'shall erect and maintain a fence' which implies both ownership and responsibility for maintenance

[buildersmate]

All of the above is true - but we are dealing with a hedge, not a fence. It is my understanding that Ts are used for fences - a hedge could be a later addition on one side or the other, or indeed the middle of the hedge could be on the line of an old demolished fence.
Which is why I asked what problem you were trying to solve.

[buildersmate]

Sandmaster - if your ancient hedge is on some sort of small bank and there is evidence of an ancient ditch, then the historic boundary almostly certainly sat on the FAR side of the ditch from where the hedge is.
The principle behind this is that a man constructing a hedge and ditch on his boundary digs the ditch at the line of his boundary, throwing the earth up onto the bank on his land, on which he then plants his hedge.

[sandmaster]

Thanks again everyone for serious answers. The hedge is ancient and a bank has built up over the years but I believe the hedge was a field hedge and the two fields had the same owner - so there is no ditch. Years ago fields were kept small to help rotate crops easily or transfer stock regularly. I would have thought the land owner would have sold the original tranch up to the hedge not necessarily including the hedge but perhaps heaping responsibility onto the buyer for maintenance. My deeds show the boundary goes through the centre of the hedge.hedge.
I read on the land registry site about hedges with ditches but there does not seem to be any information on just hedges.
Anyway, thanks everyone for your interest.