Q&As

Are private rights extinguished when a road is dedicated and adopted as a highway?

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Published on LexisPSL on 26/01/2016

The following Local Government Q&A provides comprehensive and up to date legal information covering:

  • Are private rights extinguished when a road is dedicated and adopted as a highway?
  • Co-existence of private rights of way and public highway

Are private rights extinguished when a road is dedicated and adopted as a highway?

Co-existence of private rights of way and public highway

The Highway Act 1980 (HIA 1980) enables highway authorities to enter agreement with landowners to adopt new highways maintainable at public expense. Under HIA 1980, s 263 every highway maintainable at public expense vests in the highway authority. Our Practice Note: Ownership of highway land links to Halsbury's Laws of England, Vol 55, para 230, where it is explained that:

'The effect of the statutory provisions vesting highways in highway

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