When is a Highway Really a Highway?

This paper is not about the typical highway, the road recorded in the Land Title Office, named and paved by the local government and travelled along every day by anyone and everyone. This paper focuses on the legal issues that arise from a subset of more unorthodox highways; in particular, those formally recorded highways that are not improved and those unrecorded highways that are, or at least were once, improved and regularly used by the public.

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