References: (1860) 8 CB (NS) 848,  EngR 968, (1860) 8 CB NS 848, (1860) 144 ER 1399
Coram: Byles J
Ratio:A highway had been unlawfully stopped up by the adjoining owner and diverted by another route. It was held that the public had a right to deviate on to the adjoining land. The road was subsequently diverted back to its original route. Some years later, the defendant tried to pull down trees which the plaintiff owner grew on the substituted road.
Held: The plaintiff was entitled to damages to trespass as there was no evidence that the substituted road had been dedicated to the public. A dedication of land as a public highway must be in perpetuity, and cannot be for a term of years. Byles J said: ‘once a highway always a highway, for the public cannot release their right and there is no extinctive presumption or prescription. The only methods of stopping up a highway are either by the old writ of adquam damnum or by proceedings before Magistrates under the statute.’
This case is cited by:
- Cited – Portsmouth City Football Club -v- Sellar Properties (Portsmouth) Limited, Singer and Friedlander Properties Plc ChD ( EWHC 2148 Ch, Bailii)
Various contracts were entered into for the sale of land, with compensation being paid in certain circumstances. One contract required a calculation of consideration as a set figure less a sum to be calculated as the cost of acquiring land. The sum . .
- Cited – Smith, Regina (on the Application of) -v- The Land Registry (Peterborough Office) Admn (Bailii,  EWHC 328 (Admin))
The applicant sought judicial review of the cancellation of his application for first registration of land by adverse possession. The application had been rejected because a public right of way existed through it, and the claimant had not shown the . .
- Cited – Smith, Regina (on The Application of) -v- Land Registry (Peterborough Office) and Another CA (Bailii,  EWCA Civ 200,  NPC 31,  11 EG 121,  3 All ER 113,  21 EG 92,  3 WLR 1223,  1 QB 413)
The appellant had lived in a caravan on the verge of a byway and had been here for more than twelve years. He appealed against rejection of his request for possessory title. He said that there was no support in law for the maxim that adverse . .
(This list may be incomplete)
Last Update: 17-Jun-16