Expert opinion evidence of historians must satisfy the s 79 requirement that the opinion be 'wholly or substantially based' on specialised knowledge; opinions that amount to conjecture or analysis unsupported by the underlying material may be rejected. The ad medium filum rule does not apply where a deed expressly reserves a lane and grants only rights of way over it, as the words of such a deed are inconsistent with the middle of the road principle. Roads connecting to a public street that are not fenced off may realistically be regarded as open to the public for the purposes of statutory deemed dedication.
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