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Highway dedication

Series: Estates Gazette Case Summaries ; [2000] EGCS 137 (02/12/00)Publication details: 2000Subject(s): Summary: "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" 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.