Significant cases

Hale v Norfolk County Council

Here, the Court of Appeal considered the significance of public health legislation – and the provisions there relating to New Streets – in the context of highway law. It ruled that the fact that a person laid out a “new street” by building on land abutting a highway did not necessarily intend to dedicate his land to public rights of way. Further, the presumption of dedication arising from the erection of a fence was, on the facts rebutted.