Because of the conclusive nature of inclusion of a right of way on the definitive map as at the relevant date, Section 53(3)(c)(iii) could only involve consideration of evidence relating to matters after the relevant date, for example the physical destruction of the land over which the right of way was said to exist.
Judges:
Taylor J
Citations:
(1987) 57 PandCR 111
Cited by:
Overruled – Regina v Secretary of State for the Environment ex parte Burrows and Simms CA 1990
The conclusive character of the definitive map and statement is not intended to preclude the duty of the local authority to modify them where proper. If evidence came to light to show that a mistake had been made in drawing up the definitive map, . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 15 May 2022; Ref: scu.392872
