Commentary

202.3 Protection of public rights

AGRICULTURE vol 2(2)
| Commentary

202.3 Protection of public rights

| Commentary

202.3 Protection of public rights

Highway authorities have the power to assert and protect public rights in respect of any public right of way in their area1 and are under a duty to prevent, as far as possible, a highway being stopped up or obstructed2. Members of the public may take such actions as are reasonably required to make a public right of way passable. However, individuals who exceed their common law powers may be sued for damages for trespass, and may face prosecution for criminal damage. An individual may also enforce the duty of the highway authority to maintain

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