Modification Orders under Common Law
The majority of Modification Order cases rely on the provisions of the Highways Act 1980 Section 31 but they can also rely on dedication under common law, with or without Section 31 provisions. When a case fails Section 31, for example because there is not twenty years’ of relevant user, common law dedication should be considered to determine the case, but is often neglected.
This webinar covers the foundation of the law, the difference between making the case for dedication under common law or under Section 31, examples of cases which have been made using common law dedication, and what Inspectors will consider regarding common law dedication, whether or not the case has been made under Section 31.
Webinars use Microsoft Teams software.