Obstruction, nuisance and maintenance

Obstruction

An obstruction to a highway occurs when it is rendered impassable or more difficult to pass along by reason of some physical obstacle.

Obstructions on or over a highway prevent its legitimate use and are a potential safety hazard for users of the highway. The fundamental public right upon a highway is to pass and re-pass and the obstruction of a highway can also be a criminal offence, as well as a tort. Highway authorities have a duty to keep public highways open and remove obstructions and encroachments that may affect their use and safety. See generally Practice Note: Obstruction of highways.

In practice, most highway authorities operate a licence system to allow certain items such as builders skips, overhanging trees, scaffolding and hoardings, and traders to be controlled. For further information, see Practice Notes: Markets, street trading and street parties, Highways obstructions—building works, scaffolding and skips and Highways and street trading.

In relation to abandoned vehicles, see Practice Note: Abandoned vehicles.

Highway authorities also have powers to remove without notice any obstruction