000 01331cab a2200229 4500
001 ABS52122
008 090401t1994 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u62192
041 _aeng
245 _aR v SoS Environment ex parte Bagshaw and Norton
260 _c1994
350 _a0
490 _aProperty and Compensation Reports
_v(1994) 68 PCR 402-411(10)
520 _aQBD 28 April 1994. B and N applied separately to their respective county councils for orders to modify the definitive maps and statements of the rights of way in their areas. B sought to add a footpath and N a by-way relying on witness evidence of 20 years of uninterupted use. Both applied to the SoS against council decisions not to make the orders. This failed for lack of evidence and inconclusive proof. B and N applied to quash the decisions claiming that the SoS had used the wrong test in considering the evidence. Allowed on the grounds that the evidence necessary to establish that a right of way is reasonably alleged to subsist in less than that needed to show that a right of way does subsist.
650 _aDEFINITIVE MAPS
650 _aFOOTPATHS
650 _aRIGHTS OF WAY
650 _aWILDLIFE AND COUNTRYSIDE ACT 1981 S53(3)(C)(I)
690 _aHIGHWAYS AND RIGHTS OF WAY-CASE LAW
942 _n0
948 _c04/03/1997
999 _c38639
_d38639