28. Private streets may be declared public streets
Feedback & supportLast amended by an amending law of 1975.
If any street, not being a public street, is levelled, channelled, drained, paved, metalled, flagged and provided with lighting or otherwise made up to the satisfaction of the Director-General, he may, whether at the request of owners of premises fronting, adjoining or abutting on the street or otherwise, if he thinks fit, by writing under his hand, declare that at the expiration of one month from the date thereof the street shall become a public street.
street
“street” includes any road, square, footway or passage, whether a thoroughfare or not, over which the public has a right of way, and also the way over any public bridge, and also includes any road, footway or passage, open court or open alley, used or intended to be used as a means of access to two or more holdings, whether the public has a right of way thereover or not; and all channels, drains, ditches and reserves at the side of any street shall be deemed to be part of the street;
A copy of such a declaration shall be forthwith posted up in some part of the said street.
At the expiration of the said period, unless the owners of the premises fronting, adjoining or abutting on the street or the owners of such premises having the greater part in value have, by notification to the Director-General in writing under their hands, objected thereto, the street shall become a public street and shall vest in the Government and for ever afterwards be repaired by the Government.
premises
“premises” includes messuages, houses, buildings, lands, tenements, easements and hereditaments of any tenure, whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority;
Such a declaration shall be published in the Gazette.
Where a street that has been declared to be a public street and has become vested in the Government under this section comprises premises included in separate lots already set aside as part of a street, the declaration shall be registered against those lots under the provisions of the Land Titles Act [Cap. 157] in respect of registered land and under the provisions of the Registration of Deeds Act [Cap. 269] in respect of other land.
public street
“public street” means any street over which the public has a right of way which was usually repaired or maintained by the City Council or the Rural Board before the commencement of this Act or which has been transferred to or has become vested in the Government under this Act or in any other manner;
Where a street that has been declared to be a public street and has become vested in the Government under this section comprises premises included in an existing lot or existing lots, the premises forming the street shall be excised from the existing lot or lots and the declaration shall be registered in respect of the excised portions under the provisions of the Land Titles Act in respect of registered land and under the provisions of the Registration of Deeds Act in respect of other land.
Upon such registration the premises forming the street shall vest in the Government free from all encumbrances, and where the premises are held under a statutory land grant, such vesting shall not be deemed to create a subdivision within the meaning of the State Lands Act [Cap. 314].[27