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There are two basic rules about boundaries on highways:
- If a highway is fenced on both sides, then the boundary of that highway will be presumed to extend up to both fences (or hedges). But, this only applies if it can be shown that the fences were erected (or hedges planted) to separate those plots from the highway.
- The boundary of land adjoining a highway is presumed to be a line drawn down the middle of the highway. But, this presumption only applies where the conveyancing history of the land and the road is unknown.
The surface of the land on the highway will not normally be vested in the adjoining owner. But, the fact that the boundary is drawn down the middle of the road can be important in passing the ground beneath the surface (with its minerals, and passible basement accommodation) to the owner of the adjoint land.
Source: Boundaries, Walls and Fences (Trevor Aldridge; Thomson Sweet & Maxwell, 2004; £63) (The Practical Lawyer)Back