Commentary

28 Liability in abeyance and reviving

HIGHWAYS vol 18
| Commentary

28 Liability in abeyance and reviving

| Commentary

28 Liability in abeyance and reviving

Where the liability of the inhabitants at large1 to repair a highway was in abeyance whilst some person was liable to the public to maintain it by reason of tenure, enclosure or prescription; and, where that liability would have terminated by reason of some event on or after 1 January 19602, then on that event happening the highway becomes a highway maintainable at the public expense3. The liability of persons to maintain a highway by reason of a special enactment or by reason of tenure, enclosure or prescription may

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