What is the legal test for establishing a public highway by dedication?
British Columbia, Canada
The following excerpt is from Godbe v. Peterson, 1988 CanLII 2871 (BC SC):
A public highway may be established by dedication to that purpose by the owner of the land. It has been held, in the case of Bailey v. Victoria, 1920 CanLII 367 (SCC), 60 S.C.R. 38, [1920] 1 W.W.R. 917, 54 D.L.R. 50 [B.C.], that to establish a public highway by dedication, two concurrent conditions must be satisfied. There must be, on the part of the owner, an actual intention to dedicate and it must appear that the intention was carried out by the way being thrown open to the public and accepted by public user.
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