Q&As

Where a roadway is adopted by the local highways authority, can it also form part of an individual property owner's registered title? What is the effect if a way is both adopted but also shown as within a registered title to a residential property?

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Produced in partnership with Emily Knowles of Sharpe Pritchard
Published on LexisPSL on 26/11/2020

The following Planning Q&A produced in partnership with Emily Knowles of Sharpe Pritchard provides comprehensive and up to date legal information covering:

  • Where a roadway is adopted by the local highways authority, can it also form part of an individual property owner's registered title? What is the effect if a way is both adopted but also shown as within a registered title to a residential property?
  • Where a roadway is adopted by the local highways authority, can it also form part of an individual property owner's registered title?
  • What is the effect if a way is both adopted but also shown as within a registered title to a residential property?

Where a roadway is adopted by the local highways authority, can it also form part of an individual property owner's registered title? What is the effect if a way is both adopted but also shown as within a registered title to a residential property?

Where a roadway is adopted by the local highways authority, can it also form part of an individual property owner's registered title?

Where a road has been adopted as a public highway by a highway authority, section 263(1) of the Highways Act 1980 (HiA 1980) confirms that the road itself, together with a portion of the subsoil and air above necessary for maintenance, is vested in the highway authority.

However, under common law, ownership of the remaining subsoil beneath the public highway in question, and the remaining airspace above, remains in the ownership of the original freeholder.

For registered land, this is a fairly simple rule. For example, where a landowner provides a new road as part of a development

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