Highways

Dedication of highway - express agreement to dedicate between landowner and local highway authority - agreement constituted evidence of acceptance of dedication by public Secretary of State for the Environment Transport and the Regions v Baylis (Gloucester) Ltd and another; Bennett Construction (U.K.) Ltd v Baylis (Gloucester) Ltd and others: ChD (Mr K Lewison QC sitting as a deputy High Court judge): 14 April 2000

The first defendants' predecessors in title had made an agreement with the local highway authority to dedicate a strip of land adjoining the highway in order to widen it.

In defending actions brought by the claimants, the defendants contended that the dedication was not effective since there was no actual use by the public to show acceptance of the dedication.Jonathan Karas and Kate Selway (instructed by Treasury Solicitor) for the Secretary of State.

Thomas Jefferies (instructed by Geisler & Laws) for the first defendant.

Gwilym Harbottle (instructed by Penleys, Dursley) for the claimants in the second action.

Alexander Hill-Smith (instructed by Wansbroughs, Devizes) for the local highway authority.Held, giving judgment for the Secretary of State in the first action, that, although the evidence usually relied on to establish acceptance was actual use by the public, where there was an express dedication the highway authority acting as the representative of the public could accept a dedication on their behalf by an agreement with the landowner provided it acted within its statutory authority when doing so; that s.71(1) of the Highways Act 1959 provided such authority; that, although the first defendant was the registered proprietor of the land, the Secretary of State had an overriding interest in the surface of the land by s.70(1)(a) Land Registration Act 1925; and that, accordingly, the agreement itself provided evidence of acceptance by the public and the dedication was therefore effective.