Highways and rights of way

Q&As

If planning permission has been granted by a local planning authority which involves works being carried out on the publicly maintainable highway, can the local highway authority still refuse to enter into a Section 278 Agreement if it believes that the works will not benefit the public?

If planning permission has been granted by a local planning authority which involves works being carried out on the publicly maintainable highway, can...

Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys 15th Aug

Q&As

If a person owns land which abuts a public highway are there any statutory or other provisions which deal with that landowners right to gain access onto the highway?

If a person owns land which abuts a public highway are there any statutory or other provisions which deal with that landowners right to gain access...

15th Aug

Q&As

If a highway authority is served with multiple copies of Notices (Form 1) under Section 130A of the Highways Act 1980 in relation to the same obstruction by different persons, do they have to follow the process in relation to each individual Notice?

If a highway authority is served with multiple copies of Notices (Form 1) under Section 130A of the Highways Act 1980 in relation to the same...

15th Aug

Q&As

Are private rights extinguished when a road is dedicated and adopted as a highway?

Are private rights extinguished when a road is dedicated and adopted as a highway?Co-existence of private rights of way and public highwayThe Highway...

15th Aug

Practice notes

Maintenance liability for highways

Maintenance liability for highwaysHighways not maintainableThere are some, but very few, highways for which nobody has any liability for maintenance....

Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors and Alastair Frew of Lodders Solicitors 15th Aug

Q&As

How accurate is the Definitive Map?

How accurate is the Definitive Map?The Definitive Map is a map prepared by a local authority which is a legal record of public rights of way (PROW) in...

15th Aug

Q&As

Does a party to a section 278 agreement under the Highways Act 1980 need to have an interest in land?

Does a party to a section 278 agreement under the Highways Act 1980 need to have an interest in land?In answering this Q&A, we have considered whether...

Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys 15th Aug

Q&As

Can a traffic regulation order be applied to a private road?

Can a traffic regulation order be applied to a private road?The traffic authority for a road outside of Greater London may make a traffic regulation...

Produced in partnership with Adam Heppinstall of Henderson Chambers 15th Aug

Precedents

Precedent s 278 agreement

Precedent s 278 agreementDATE [insert date]Parties1[insert name] of [insert address] (the ‘Council’)2[insert name] of [insert address] [incorporated...

10th Aug

Precedents

Precedent bond agreement

Precedent bond agreementDATE [insert date]Parties1[insert name] of [insert address] [incorporated in England and Wales with company registration...

10th Aug

Precedents

Precedent s 38 agreement

Precedent s 38 agreementDATE [date]Parties1[insert name] of [insert address] (the ‘Council’)2[insert name] of [insert address] [incorporated in...

10th Aug

Q&As

If a local authority requires an express deed of easement in conjunction with a section 38 agreement allowing the drainage of surface water from the section 38 roads onto the developer's adjacent land (the section 38 roads and the adjacent land being in the same title number) once those roads have been adopted, at what point does the local authority gain a sufficient interest in the section 38 roads (the dominant land) such that the deed of easement can be granted?

If a local authority requires an express deed of easement in conjunction with a section 38 agreement allowing the drainage of surface water from the...

10th Aug

Q&As

Can a bridleway become a public highway? What is the statutory process that has to be followed when upgrading the highways?

Can a bridleway become a public highway? What is the statutory process that has to be followed when upgrading the highways?Highways can be created by...

10th Aug

Q&As

A public footpath runs along a sea wall which forms part of a farm. Does the vesting of the footpath pursuant to section 263 of the Highways Act 1980 prevent the farmer from grazing his cattle on that land?

A public footpath runs along a sea wall which forms part of a farm. Does the vesting of the footpath pursuant to section 263 of the Highways Act 1980...

10th Aug

Q&As

Is there any provision under section 38 of the Highways Act 1980 or elsewhere which requires a mortgagee to be party to a section 278 or section 38 agreement?

Is there any provision under section 38 of the Highways Act 1980 or elsewhere which requires a mortgagee to be party to a section 278 or section 38...

Produced in partnership with James Ryan of Carbon Law 10th Aug

Q&As

A property is subject to both a vehicular prescriptive right of way and a public right of way, assuming this over the same route, can the vehicular right of way be stopped?

A property is subject to both a vehicular prescriptive right of way and a public right of way, assuming this over the same route, can the vehicular...

10th Aug

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?

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...

Produced in partnership with Emily Knowles of Sharpe Pritchard 10th Aug

Q&As

Can landowners use a road prior to its adoption as a public highway?

Can landowners use a road prior to its adoption as a public highway?Adoption and the right to use a route are separate concepts, with the former...

Produced in partnership with Christine Willmore of University of Bristol Law School 10th Aug

Q&As

Will a landowner with possessory title to land be considered to have a sufficient interest in the land to enter into agreements under section 106 of the Town and Country Planning Act 1990, and sections 38 and 278 of the Highways Act 1980 as the landowner? Will a landowner with possessory title to land be considered to have a sufficient interest in the land to enter into gas, electricity and telecoms wayleaves?

Will a landowner with possessory title to land be considered to have a sufficient interest in the land to enter into agreements under section 106 of...

10th Aug

Q&As

Do you have any information on the implications of building over a building line?

Do you have any information on the implications of building over a building line?A 'building line' is a prescribed frontage line for building in front...

10th Aug

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