95Dedication of land

95 Dedication of land

(1)  Any land which is shown on a sealed plan as a road, street, alley, lane, court, terrace, footpath or other kind of way is taken to be dedicated to, and accepted by, the public unless called "private" on the plan.

(2)  Subject to any enactment or by-law relating to the construction, opening and repair of ways on subdivisions and in respect of any way taken to be dedicated to and accepted by the public under subsection (1) and not a highway immediately before the sealed plan was sealed, the owner may –

(a) continue in occupation of the land subject to the way to the exclusion of the public until possession is given to a purchaser of a block comprised in the sealed plan and adjoining the way or including any part of it; and

(b) notwithstanding the rights of the public or of any purchaser of a block comprised in the sealed plan and adjoining the way –

(i) enter on the land subject to the way with or without engineers, surveyors, workers, machines, horses and vehicles and make the way in such manner as the owner thinks proper; and

(ii) enter in the same manner and repair the way as and when the owner thinks fit; and

(iii) exclude the public from all or any part of the way for the purpose of making or repair.