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The Road Rights And Liabilities Of Wheelmen - With Table Of Contents And List Of Cases (1895) (Paperback)
Loot Price: R719
Discovery Miles 7 190
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The Road Rights And Liabilities Of Wheelmen - With Table Of Contents And List Of Cases (1895) (Paperback)
Expected to ship within 10 - 15 working days
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Donate to Against Period Poverty
Total price: R739
Discovery Miles: 7 390
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for free. This is an OCR edition with typos. Excerpt from book: 15.
By Dedication.? Dedication is an offer of the land by the owner,
and acceptance of it by the public, for public use. The owner of
the fee may do this in any way by which his intention to dedicate
plainly appears, by parol, by deed or in any other way. But where a
statute provides the manner in which the dedication is to be made,
a substantial compliance with its provisions is necessary.1
Dedication can not be made by any other than the owner, or his
agent, having authority from him for that purpose.' No person in
possession without title can dedicate so as to bind the holder of
the title;' nor can even a mortgagor bind the mortgagee to a
dedication without the latter1s assent.' 16. By Prescription.?Use
of a way by the public under claim of right for a great length of
time, without objection by theowner, may result in converting the
private propertv so used into a highway. But, " before a highway
can be established by prescription, it must appear that the general
public, under a claim of right, and not by mere permission of the
owner, used some defined way without interruption or substantial
change for the period of twenty years or more."' The user must be
continuous." Interruption, even if it be after nineteen years
continuous use, will start the prescription afresh from the time
the occupation is resumed. 1 Baker v. Johnston, 21 Mich. 319; Noyes
v. Ward, 19 Conn. 250. ' Bushnell v. Scott, 21 Wis. 457; Fort3r v.
Stone, 51 la. 373. ' Gentlemen v. Soule, 32 111. 271. 4 City of
Moberly v. McShane, 18 Cent. L. J. 17; S. C., 79 Mo. 41. " The
existence of a highway by prescription is generally proved by the
parol evidence of witnesses that the road in question has been
known and used as a highway or road common to all the people for
the necessary period of p...
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