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Ali v SSCLG [2015] EWHC 893 (Admin)

DATE: 01 Apr 2015


This was a challenge to an Inspector’s decision to confirm a definitive map modification order. The Inspector accepted evidence that, during the relevant twenty year period, the way had been blocked by a locked gate every Christmas.  However because she was not convinced that the public using the way had been aware of this, she declined to find that the landowner had established a lack of intention to dedicate.  It was held that her decision was lawful.  It had always been thought that annual closure of a path was a safe way of establishing a lack of intention to dedicate. 

Richard Langham appeared for the claimant, on a public access basis.