Commentary

196.2 Highways Act 1980

AGRICULTURE vol 2(2)
| Commentary

196.2 Highways Act 1980

| Commentary

196.2 Highways Act 1980

The common law rules about dedication have in practical terms (but not in law) been superseded by statutory provisions providing for dedication to be presumed if certain conditions are fulfilled. Where a way has been actually enjoyed by the public as of right and without interruption for a period of 20 years (reckoned back from the date when the right was called into question), the way is deemed to have been dedicated as a highway unless there is sufficient evidence that there was no intention during that period to dedicate it1. If a path

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