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What is a highway?

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We look at a recent decision which reiterates what constitutes a ‘highway’. The recent Court of Appeal judgment in the case of London Borough of Southwark v Transport for London [2017] serves as a useful reminder of the common law principles of what constitutes a highway and reaffirms that the extent of a highway authority’s interest in such land is restricted to the ‘top two spits’.

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This article was first published in Property Law Journal (December 2017/ January 2018) and is also available at http://www.lawjournals.co.uk/