| Commentary

196.1 Common law

| Commentary

196 Creation of public rights of way

196.1 Common law

Public rights of way come into existence in either of two ways: by common law dedication and acceptance; or by the operation of statutory powers. Each method is considered in turn below.

The common law concept of dedication and acceptance involves the dedication by the owner of the land of certain rights over that land to the public generally and the acceptance (generally by use) of those rights by the public. Dedication to a section of the public only (eg to local residents) is not sufficient to create a public

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial