Q&As

If a person owns land which abuts a public highway are there any statutory or other provisions which deal with that landowners right to gain access onto the highway?

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Published on LexisPSL on 20/11/2017

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  • If a person owns land which abuts a public highway are there any statutory or other provisions which deal with that landowners right to gain access onto the highway?

If a person owns land which abuts a public highway are there any statutory or other provisions which deal with that landowners right to gain access onto the highway?

At common law, the owner of land which adjoins a highway has a right of access from his land onto the highway. This right enables an access from any point on the landowner’s land which abuts the highway (Marshall v Blackpool Corporation).

This is a private right, entirely separate from the public right to use the highway (Lyon v Fishmongers), however, the use of this private right is one which must be exercised reasonably so as not to interfere with the reasonable exercise by the public of their rights of way (Rowley v Tottenham Urban DC).

There are, however, a number of limitations to this right introduced by

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