Creation, definitions and closure

Creation

A highway is a way over which there exists a public right of passage. A claim to a public right of way may be based either on the common law doctrine of dedication and acceptance or on some other statutory provision.

Following the commencement of the Infrastructure Act 2015, Highways England has taken over the responsibility for strategic roads from the Highways Agency. See News Analysis: Infrastructure Act 2015—what will it mean in practice?

Local authorities have powers to create new highways (including cycle tracks), as well as footpaths and bridleways under the Highways Act 1980 (HiA 1980).

Creation of highways at common law

Both dedication by the owner and user by the public must occur to create a highway otherwise than by statute.

A highway authority needs to invoke statutory powers to accept a dedication on behalf of the public.

Statutory adoption of highways

Where highways are created, they may or may not be maintainable at public expense. There are three ways by which this can happen:

•
a process initiated by the landowner, or
•
a process initiated by the highway

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