Dykes v Cumbria County Council, Hewitt (Highways and Public Rights of Way : Estoppel): LRA 26 Mar 2010

LRA Application to amend the general boundary of the Applicant’s land fails for lack of evidence as to where that boundary should be. Grass verges to road found to be part of public highway maintainable at the public expense. Highway Authority cannot be precluded by its conduct from asserting that the verges were so maintainable. Use of the verges by the public for parking without objection from the Highway Authority is not evidence that the verges are not so maintained or that the verges do not form part of the highway. Extent of right of public to park on the highway considered.

Michael Mark DA
[2010] EWLandRA 2007 – 1539

Registered Land

Updated: 25 November 2021; Ref: scu.517415