DREW v. MOUBRAY

16 VLR 484·HIGINBOTHAM, C.J., WILLIAMS, and WEBB, JJ.
16 VLR 484
16 VLR 484
DREW v. MOUBRAY Supreme Court of Victoria (Full Court) HIGINBOTHAM, C.J., WILLIAMS, and WEBB, JJ. May 14, 15, 16, 1890, 18 July 1890 City of Melbourne — Private lane — Paving, etc. by corporation — Act 14 Vict. No. 20, ss. 1, 2, 3, 4, 9 and 10 — Act No. 178, s. 65 — Right of user — Right of way — Right to light and air — Window — Statutory dedication in favour of limited persons — Adjoining owner — Contribution to expenses — Estoppel — Costs — Appeal — Point not raised below .

When a lane set out upon private land has once been made under the provisions of the Melbourne Corporation Act, 14 Vict. No. 20, the Act confers by necessary implication a statutory right of user of the lane upon all persons who are or may be required under that Act, and the Act No. 178, sec. 65, to contribute to the expense of forming it, and upon their successors in title or occupancy, and the owner in fee of the land over which the lane runs can never resume the control or exclusive possession of such land so as to deprive any of such persons of that right.

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