However, the remaining vast tracts of unsettled land were often used as a commons, or, in the American west, "open range." As degradation of habitat developed due to overgrazing and a tragedy of the commons situation arose, common areas began to either be allocated to individual landowners via mechanisms such as the Homestead Act and Desert Land Act and fenced in, or, if kept in public hands, leased to individual users for limited purposes, with fences built to separate tracts of public and private land.
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.
