Highway Maintenance

Highway Obstructions & Encroachments

  • The Highway Authority has a responsibility to keep public highways open and remove obstructions and encroachments which may affect the use and safety of the highway.  

  • Section 130 of the Highways Act 1980 places a duty on the Highway Authority to protect the rights of the public to use and enjoy the highway.  

  • Obstructions/encroachments can include hedges, fences, structures (brick walls etc.), unauthorised signs and overhanging trees.  

  • The Highway Authority can take appropriate measures to seek removal of any encroachment/obstruction which is preventing the legitimate use of the highway. If it is deemed appropriate, where an encroachment has taken place on land considered to be surplus to highway requirements, the Highway Authority may pursue an application for the extinguishment of the highway rights.

For more information on Highway Obstructions & Encroachments consult the Highways Policy Document.