This appeal is mainly about the application to a particular set of facts of the pair of rebuttable presumptions which conveyancers call the “hedge and ditch rule”.
While, to many modern (and in particular urban) lawyers, this rule might at first sight appear to be something of a quaint chancery conceit, it continues to serve a valuable purpose, not least as a means of enabling neighbouring owners of rural land to avoid what is almost always the wholly disproportionate cost and stress of having to litigate a boundary dispute.
