The public used a path across the appellant’s land from 1914 to 1940. From 1940 to 1947 the land was requisitioned and there was no evidence of public user. Prior to 1914 and again in 1948 the public right to use the path was questioned by the padlocking of a gate and by the erection of notices.
Held: The relevant dates for considering the 20 year period under the 1932 Act were 1914 and 1948, and as there was no evidence of 20 years’ uninterrupted use prior to 1948 no statutory presumption of dedication arose.
Citations:
[1957] 55 LGR 595
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Barlow v Wigan Metropolitan Borough Council CA 1-Jun-2020
Presumption of dedication dates back.
The claimant tripped over a tree root raising a path in the park. The court was now asked whether the pathway through a public park, but which was not a public right of way, was maintainable at public expense as a highway governed by the 1980 Act. . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 27 November 2022; Ref: scu.651084
