Q&As
Is it possible for highways drainage to be adopted under an agreement made under section 38 of the Highways Act 1980, to become maintainable at the public expense? If so, does this mean the highways authority will have rights of access to carry out maintenance and repairs to its drainage on a third party's land?
Adoption of Highway Drainage and its Maintenance and repair
Section 38 of the Highways Act 1980 (HiA 1980) provides that a Local Highway authority (LHA) can agree to adopt a highway as a highway maintainable at the public expense once it is dedicated as a highway usually following the construction of the highway to adoptable standards. Normally an agreement under HiA 1980, s 38 is entered into showing the extent of the works to be carried out prior to adoption and this will normally include the highway drainage works.
Once the highway is adopted pursuant to HiA 1980, s 38, HiA 1980, s 263 Act applies and the highway, together with the materials and scrapings of it, vests in
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