Highway dedication
Highway dedication
- 2000
- Estates Gazette Case Summaries [2000] EGCS 137 (02/12/00) .
"Hale v Norfolk CC" CA 17 November 2000. A owned a property with a garden fronting onto a roadway, in respect of which the council (B) were the local highway authority. A erected several low posts and a chain along the edge of the garden where it met the roadway. B objected and served a notice requiring their removal, claiming that a certain part of the land had been dedicated as part of the highway. A issued proceedings claiming a declaration that the land did not form part of the highway, and seeking an order for B to replace the posts and chain. Claim dismissed. B appealed but the appeal was dismissed. The "hedge-to-hedge" presumption applied.
HALE V NORFOLK CC
HIGHWAYS ACT 1980 S143
GARDENS
HIGHWAYS
HEDGE-TO-HEDGE PRESUMPTION
PUBLIC USE
"Hale v Norfolk CC" CA 17 November 2000. A owned a property with a garden fronting onto a roadway, in respect of which the council (B) were the local highway authority. A erected several low posts and a chain along the edge of the garden where it met the roadway. B objected and served a notice requiring their removal, claiming that a certain part of the land had been dedicated as part of the highway. A issued proceedings claiming a declaration that the land did not form part of the highway, and seeking an order for B to replace the posts and chain. Claim dismissed. B appealed but the appeal was dismissed. The "hedge-to-hedge" presumption applied.
HALE V NORFOLK CC
HIGHWAYS ACT 1980 S143
GARDENS
HIGHWAYS
HEDGE-TO-HEDGE PRESUMPTION
PUBLIC USE