Servitudes are legal arrangements of land use arising out of private agreements. Under the feudal system, most land in England was cultivated in common fields, where peasants were allocated strips of arable land that were used to support the needs of the local village or manor. By the sixteenth century the growth of population and prosperity provided incentives for landowners to use their land in more profitable ways, dispossessing the peasantry. Common fields were aggregated and enclosed by large and enterprising farmers -- either through negotiation among one another or by lease from the landlord -- to maximize the productivity of the available land and contain livestock. Fences redefined the means by which land is used, resulting in the modern law of servitudes.
Where a fence or hedge has an adjacent ditch, the ditch is normally in the same ownership as the hedge or fence, with the ownership boundary being the edge of the ditch furthest from the fence or hedge. The principle of the rule is that an owner digging a boundary ditch will normally dig it up to the very edge of their land, and must then pile the spoil on their own side of the ditch to avoid trespassing on their neighbour. They may then erect a fence or hedge on the spoil, leaving the ditch on its far side. Exceptions often occur, for example where a plot of land derives from subdivision of a larger one along the centre line of a previously existing ditch or other feature.
