CORE Metadata, citation and similar papers at core.ac.uk Provided by Scholar Commons - Institutional Repository of the University of South Carolina South Carolina Law Review Volume 6 Issue 1 Article 9 Fall 9-1-1953 What Constitutes Intent to Dedicate in South Carolina Thomas Kemmerlin Jr. Follow this and additional works at: https://scholarcommons.sc.edu/sclr Part of the Law Commons Recommended Citation Thomas Kemmerling Jr., What Constitutes Intent to Dedicate in South Carolina, 6 S.C.L.R. 96. (1953). This Note is brought to you by the Law Reviews and Journals at Scholar Commons. It has been accepted for inclusion in South Carolina Law Review by an authorized editor of Scholar Commons. For more information, please contact
[email protected]. Kemmerlin: What Constitutes Intent to Dedicate in South Carolina WHAT CONSTITUTES INTENT TO DEDICATE IN SOUTH CAROLINA History and Scope Closely akin to dedication in principle, and appearing much earlier in the common law, is the doctrine of customary rights. The nature of these rights is pointed out in the New York case of Post v. Pear- sail:1 A custom can exist only in favor of a community of a town, village or hamlet; and because the claimants have been in im- memorial use of the right claimed, the legal presumption in Eng- land is, that these customs were originally based upon and created by Act of Parliament; although not by that body as it is now constituted. Even more simply stated, a custom is a mere local usage, not belonging to any particular person, but belonging to the community