000 01972cab a2200349 4500
001 ABS59666
008 090401t1998 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u89962
041 _aeng
245 _aR v SoS Environment and another, ex parte Billson
260 _c1998
350 _a0
490 _aWeekly Law Reports
_v[1998] WLR 1240-1260(21)
520 _aQBD 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.
650 _aACCESS
650 _aCOMMON LAND
650 _aEVIDENCE OF INTENTION
650 _aHIGHWAYS ACT 1980 S31
650 _aJONES V BATES
650 _aLAW OF PROPERTY ACT 1925 S193
650 _aLICENCES
650 _aMODIFICATION ORDER
650 _aO`KEEFE V SOS ENVIRONMENT
650 _aPUBLIC ACCESS
650 _aR V SOS ENVIRONMENT EX P BLAKE
650 _aR V SOS ENVIRONMENT EX P COWELL
650 _aREVOCABLE DEED
650 _aWILDLIFE AND COUNTRYSIDE ACT 1981 S53
690 _aHIGHWAYS RIGHTS OF WAY AND EASEMENTS-CASE LAW
942 _n0
948 _c26/11/1998
999 _c56959
_d56959