Q&As

Can there be ongoing criminal liability for a Personal Representative if the deceased's land has a public footpath across it which is obstructed?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 30 January 2023
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By section 130 of the Highways Act 1980 (HiA 1980) it is the duty of the highway authority to assert and protect the rights of the public to the use and enjoyment of any highway for which they are the highway authority, including any roadside waste which forms part of it. This includes a public footpath (HiA 1980, s 130A(2)). The duty extends to preventing, as far as possible, the stopping up or obstruction of any highway. There are various powers contained in the statute available to a highways authority. For example HiA 1980, s 143 provides that where a structure has been erected or set up on a highway otherwise

Chris Bryden
Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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United Kingdom
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