Straying Straddle Trees are trees that are planted on one side of the boundary by one owner, with the knowledge that the boundary was within his own property. Over time, the boles of the trees have strayed onto the neighbouring property. Candadian law would regard this as a jointly owned boundary.

Consensual Straddle Trees are deliberately planted by the neighbours upon the property boundary, so that the boles of the trees lay astride of the boundary. It is assumed that the respective neighbours would only do so if they both understood the boundary to be jointly owned.

Voluntary Straddle Trees have an unknown origin. Where the trees have self-seeded on one side of the boundary but strayed over it, norwithstanding if was not planted by the owner of the land upon which it started out, he would remain liable in damages to the neighbour.

A fourth type of Straddle Tree is identified by another Canadian Case, which was decided in the Ontario Supreme Court and known as Hartley v Cunningham 2013. In this case it was decided that a tree whose trunk was on one side of the boundary at ground level, but whose trunk strayed over the boundary as it gained height, was a Straddle Tree, presumably a Strayiing Straddle Tree. This case would also be regarded as persuasive authority but it would not bind the Supreme Court of England and Wales.

A right of light exists in favour of a property that has enjoyed daylight for the last 20 years or more, and the right allows for the owners to continue to receive that light. That right arises as a result of the Prescription Act 1832 and also the Rights to Light Act 1959. The prescriptive right was recently considered by the Law Commission in 2014, who were considering the question as to whether the prescriptive right should be abolished. Their decision was not to abolish the right. Right to light can only be terminated if it can be shown to be abandoned or if the beneficiary of it consents.

Apple Books

The author of the book, House and Garden Boundaries, has more than 25 years experience in the field. The Book is more than 200 pages long, and deals with all aspects of boundary identification. it is fully illustrated and descriptive of all types of boundaries, including ditches & hedges, trees, hedgerows, fences, fence-wall boundaries, non-tidal rivers, non-tidal river islands and streams. The book demonstrates how to find details of express and implied boundaries from the Title Register, Title Plan, Lease, Lease Plan, Conveyancing Deeds, and deed Plans. In addition, there are details of boundary presumptions and boundary fence protocols, all of which are fully illustrated. There is a template for an Informal Boundary Agreement, which can be adapted to each reader's needs. Finally, actual examples of case studies occupy the substantial final chapter of the book.