Highways—maintenance, adoption and works agreements

Meaning of ‘highway’

A highway is a way (ie a defined route, such as a road, bridleway or footpath) over which the public have the right to pass and re-pass. The terms ‘highway’ and ‘public right of way’ are often used interchangeably, although the term ‘highway’ is more commonly used to describe the physical route rather than the right itself. For example, a way used by motor vehicles would usually be called a ‘highway’ rather than a ‘right of way’.

There are three main categories of highway:

1. •

   a carriageway, including a byway open to all traffic (for use on foot, horse, cycle, motorised and non-motorised vehicles)

2. •

   a bridleway (for use on foot, horse and cycle), and

3. •

   a footpath (for use on foot and mobility vehicles)

See Practice Notes: Highways—ownership and creation—Meaning of ‘highway’ and Definition and classification of highways.

Ownership of highway

Several interests can exist in the same piece of highway land. Highway land may belong the highway authority or a private owner. The identity of the highway authority depends on the nature of the road:

1. •

   the Secretary