Statutory Presumption of Dedication
The present law is stated at s.31 Highways Act 1980.
31 Dedication of way as highway presumed after public use for 20 years.A similar provision was contained at s.34(1) Highways Act 1959, which the 1980 Act replaced.(1) Where a way over any land, other than a way of such a character that use of it by the public could not give rise at common law to any presumption of dedication, has been actually enjoyed by the public as of right and without interruption for a full period of 20 years, the way is to be deemed to have been dedicated as a highway unless there is sufficient evidence that there was no intention during that period to dedicate it.
The 1959 Act provision replaced the earlier provision in s.1 Rights of Way Act 1932. The 1932 provision provided a statutory presumption of dedication as now with the further proviso that there was not at any time in the twenty year period a person capable of dedicating the route. It also contained a provision similar today but based on 40 years of use.
Examples where the statutory presumption of dedication was used to record a path include: Aldenham 97.
Aldenham 97 Bridleway
Photo: Helen Taylor, 10 Apr 2022
Common law dedication is based on the principle that the owner of unencumbered land can declare a route to be a highway and if the public make use of the route, the route becomes a highway. Two possibilities arise.
Express Dedication at Common LawThe landowner executes a deed of dedication declaring a route to be (for example) a bridleway. Then if the public use it as if it were a bridleway, it becomes one.
Examples where express dedication at common law was used to record a path include: Bushey 69.
Deemed Dedication at Common Law
If the public has been using a route for sufficiently long without force, permission or secrecy, the use of the route will be taken by the court to be evidence that the route had been dedicated at the start of the period of use.
Bushey 69 Bridleway
Photo: Michael Rackham, 23 Sep 2021
