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R v SoS Environment and another, ex parte Billson

Language: English Series: Weekly Law Reports ; [1998] WLR 1240-1260(21)Publication details: 1998Subject(s): Summary: QBD 16 February 1998. In 1929 by an expressly revocable deed under the Law of Property Act 1925 the owners of a common allowed access. In 1990 the then landowner erected barriers preventing access and made a declaration under the Highways Act 1980 31(6) acknowledging the existence of some tracks but excluding others. In 1993 the applicant applied to the county council for a modification order to include eight tracks as bridleways on the definitive map, which the council declined to do. The applicant appealed to the SoS who directed the council to make the order, but in a subsequent public inquiry the inspector decided not to confirm the order. The applicant applied for the inspector`s decision to be quashed. "Held" evidence of a landowner`s intention not to dedicate land as a highway had to be overt and contemperaneous, but he did not need to publicise that intention throughout the 20-year period, and the users enjoyment of the tracks was by licence. Application dismissed.
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Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS59666 (Browse shelf(Opens below)) 1 Available 89962-1001

QBD 16 February 1998. In 1929 by an expressly revocable deed under the Law of Property Act 1925 the owners of a common allowed access. In 1990 the then landowner erected barriers preventing access and made a declaration under the Highways Act 1980 31(6) acknowledging the existence of some tracks but excluding others. In 1993 the applicant applied to the county council for a modification order to include eight tracks as bridleways on the definitive map, which the council declined to do. The applicant appealed to the SoS who directed the council to make the order, but in a subsequent public inquiry the inspector decided not to confirm the order. The applicant applied for the inspector`s decision to be quashed. "Held" evidence of a landowner`s intention not to dedicate land as a highway had to be overt and contemperaneous, but he did not need to publicise that intention throughout the 20-year period, and the users enjoyment of the tracks was by licence. Application dismissed.