Highway widths and boundaries

Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors
Practice notes

Highway widths and boundaries

Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors

Practice notes
imgtext

Historically, the width of a highway was rarely contentious. The right of highway was (and is) a right to pass and re-pass; a right to travel from A to B. In the book English Local Government: The Story of the King's Highway, the highway was, as Sydney and Beatrice Webb wrote in 1913, not a strip of land, or any corporeal thing, but a legal and customary right:

'…a perpetual right of passage in the Sovereign, for himself and for his subjects over another's land.'

Because ancient highways were rarely surfaced, they became muddy in winter and it was necessary to divert around the muddiest parts, in order to get through at all. The Webbs tell us that:

'…if the beaten track became foundrous, the King's subjects might diverge from it, even to the extent of going upon the corn…Of this liberty, it is clear, the riders and pedestrians of the time made full use.'

Arising directly from that situation is the old legal obligation to maintain the surface of a highway,

Nicholas Hancox
Nicholas Hancox

Nicholas qualified in 1977. He specialises in Education Law, Local Government Law and Highways Law and has been authoring and editing for LexisNexis since 2000.

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Key definition:
District council definition
What does District council mean?

The lower tier in two-tier authorities, responsible for delivery of local services such as housing, planning and waste collection. They are established by the Local Government Act 1972 Sch 1, Pt I, Sch.3 and the English Non-metropolitan districts (Definition) Order 1972 (SI 1972/2039). 'District', without more, means, in relation to England, a metropolitan district or a non-metropolitan district: Local Government Act 1972 (LGA 1972), s 270(1); 'non- metropolitan district' means any district other than a metropolitan district: LGA 1972, s 270(2).

Popular documents