Q&As

My client owns land that appears to also be a public highway. He has always maintained that land and was unaware that it was public highway. A developer has built out adjoining land and has paved part of my client's land (where it splays out to the road) as part of the driveway to the new estate. This has been done without my client being consulted by the Local Authority or the Developer. Can you offer any guidance as where my client may stand in respect of this land?

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Published on LexisPSL on 25/03/2021

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

  • My client owns land that appears to also be a public highway. He has always maintained that land and was unaware that it was public highway. A developer has built out adjoining land and has paved part of my client's land (where it splays out to the road) as part of the driveway to the new estate. This has been done without my client being consulted by the Local Authority or the Developer. Can you offer any guidance as where my client may stand in respect of this land?
  • Party owns and has maintained land which it transpires is a public highway
  • Paving of part of land as part of highway by adjoining developer

My client owns land that appears to also be a public highway. He has always maintained that land and was unaware that it was public highway. A developer has built out adjoining land and has paved part of my client's land (where it splays out to the road) as part of the driveway to the new estate. This has been done without my client being consulted by the Local Authority or the Developer. Can you offer any guidance as where my client may stand in respect of this land?

Party owns and has maintained land which it transpires is a public highway

Several interests can exist in the same piece of highway land. Highway land may belong to the highway authority or a private owner. The landowner’s legal interest in the highway is subject to the right of passage of members of the public and the rights of control and maintenance vested in the highway authority, as well as any restrictions on use, such as a restriction on construction without the authority’s approval. See Practice Note: Highways—ownership and

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