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Boundary – Hedge. In the course of the claimant's action in trespass, the parties disputed the boundary between their properties. The Court of Appeal, Civil Division, in dismissing the first defendant's appeal, held that the evidence was not sufficient to rebut the presumptions which underlay the hedge and ditch rule. Further, nothing in the general depiction of boundaries in the conveyance to the claimant led to the conclusion that he had obtained anything less than the property along the boundary under the rule.
Boundary – Hedge. In the course of the claimant's action in trespass, the parties disputed the boundary between their properties. The Court of Appeal, Civil Division, in dismissing the first defendant's appeal, held that the evidence was not sufficient to rebut the presumptions which underlay the hedge and ditch rule. Further, nothing in the general depiction of boundaries in the conveyance to the claimant led to the conclusion that he had obtained anything less than the property along the boundary under the rule.
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