No public right of way by mere user

The general public cannot claim a public right of way by mere user (without evidence of expenditure on the road or path by the public authority).

Attorney-General v Antrobus ([1905] 2 Ch 188) concerned Stonehenge (an ancient monument in the south west of England). The question was whether the public had acquired by long user a public right of way over tracks leading to the monument. Farwell J. held that the general public cannot claim a right of way by long user.

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