31 Dedication of way as highway presumed after public use for 20 years
Highways Act 1980 (1980 c 66) | Legislation

31  Dedication of way as highway presumed after public use for 20 years

(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.

[(1A)     Subsection (1)—

(a)     is subject to section 66 of the Natural Environment and Rural Communities Act 2006 (dedication by virtue of use for mechanically propelled vehicles no longer possible), but

(b)     applies in relation to the dedication of a restricted byway by virtue of use for non-mechanically propelled vehicles as it applies in relation to the dedication of any other description of highway which does not include a public right of way for mechanically propelled vehicles.]

(2)     The period of 20 years referred to in subsection (1) above is to be calculated retrospectively from the date when the right of the public to

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