Commentary

6 Evidence of dedication

HIGHWAYS vol 18
| Commentary

6 Evidence of dedication

| Commentary

6 Evidence of dedication

In order for dedication to be inferred, use by the public must be as of right1. This means that members of the public using the way must believe that they are exercising a public right2, not using the way by force or under a permission given from time to time3. The essential test of ‘as of right’ depends on the presence of an honest belief that public rights exist. Use over the required period will have been of right where it amounted to an assertion of a right of way in the belief that it actually

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