QUEEN'S BENCH DIVISION
2 Park Street
B e f o r e :
|- and -
|DEVON COUNTY COUNCIL
EXETER CROWN COURT
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Mr P Wadsley (instructed by the County Solicitor for Devon County Council) appeared on behalf of the First Defendant.
Crown Copyright ©
Mr Justice Burton:
"A mere dedication by an owner of the soil will not create a highway. It has to be dedicated by the public and usually this means by statutory adoption."
It is quite plain to me that that was a slip by the Recorder, and that what he meant to say was it has to be dedicated to the public, and of course dedication can be by way of a statutory adoption, alternatively by way of formal dedication, alternatively and usually by way of acquiescence by the owner and user by the public. I do not conclude that the existence of that mistake in the last sentence of paragraph 5 of his judgment is any basis upon which an appeal by way of case stated has any chance of success.
"(1) A definitive map and statement shall be conclusive evidence as to the particulars contained therein to the following extent, namely—
(a)where the map shows a footpath, the map shall be conclusive evidence that there was at the relevant date a highway as shown on the map, and that the public had thereover a right of way on foot, so however that this paragraph shall be without prejudice to any question whether the public had at that date any right of way other than that right."
"Starts in the village on through the glebe yard and road to field gate 1, along by fence to field gate 2 to a brook but now impassable because of growth from bank fence no footbridge over the brook, continue on across the Fields to field gate 3 at the terminus at Kimber Road."
And there is a handwritten note: "Private yard and private road".
Order: Appeal dismissed.