The council had added a bridleway to the definitive map of rights of way on the basis that the use had been for more than 20 years by the public with no evidence of intention not to dedicate it as a public highway. The period was calculated back from the time when it was challenged. The land-owners objected on the basis that there had been some interruption by building works. The interruption was held to be insufficient. There had been no physical interruption, as opposed to acts which challenged the right but did not prevent it. A mere absence of use de facto would not interfere with the enjoyment of the right.
Citations:
Gazette 01-Jun-2001, [2001] EWHC Admin 360
Links:
Statutes:
Wildlife and Countryside Act 1981 53(3)(b), Highways Act 1980 31
Land
Updated: 29 May 2022; Ref: scu.140332