Road – Public Right-of-Way – Prescription – Presumption – Onus Probandi.
For 37 years from 1846 the public were excluded from use of a road passing through the estate of G. In an action raised at the end of that time to have it declared that the road was a public right-of-way, it was proved that from 1820 to 1846 the road was used by the public continuously and as matter of right. With regard to the period before 1820 the evidence was conflicting. Held ( rev. judgment of First Division) that the evidence of public use prior to that year was not sufficiently strong to overcome the presumption against the public arising from the fact of exclusion during the long period of 37 years.
Judges:
Lords Blackburn, Watson, and Fitzgerald
Citations:
[1885] UKHL 730, 22 SLR 730
Links:
Jurisdiction:
England and Wales
Land
Updated: 06 July 2022; Ref: scu.637752