Showing posts from March, 2020


An over-weighted presumption ?

A proposition beloved of many is that, where a highway is flanked by hedges, walls or fencing enclosing adjacent land, then the width of the highway is measured from boundary marker to boundary marker. This is too optimistic !

 It follows from this hypothesis that any verge or other land between the boundary marker and the highway forms a part of the highway. This has the appeal of simplicity; however, the topic is far from simple.

Figure 1

Figure 2

A brute application of the presumption would have it that the width of a highway is always as shown by line "A" in Figure 2.  But his is not the case !

It is necessary to start from a position suggested by common sense. Let us suppose that a person who owns land adjacent to a highway decides to fence the boundary adjacent to the highway. This might be to prevent stock from straying onto the highway or conversely, in the days when highways were used as drove roads, to stop stock straying onto his land.…