Extent of the Highway
What is a highway ?
A highway is a way over which the public have a right to pass and repass and may or may not be publicly maintained.
Normally the highway consists of carriageway footway and verge but can also be a footpath, bridleway or cycleway.
What constitutes highway land?
Land that has been formally adopted by the Highway Authority
Land that formed part of a public highway on 31 August 1835
Land that has been used by the public at large as a highway for a considerable period of time normally 20 years or more without interruption or challenge (Although this is a highway it is not necessarily publicly maintained)
Note: the above apply as long as highway rights have not been legally extinguished
Although The Highway Authority has a duty to keep a list of all highways which are currently maintainable at public expense the list does not record the limits of the highway, nor does it include roads which are not highways maintainable at public expense e.g. private roads, military roads, etc. Where it is necessary to establish the boundary or limit of the highway then a full status enquiry needs to be undertaken for which a charge is made. If formal adoption records exist as is the case with most developments since 1948 then this simplifies the task as plans and maps will form part of the documentation and provide information as to the areas of land adopted by the Highway Authority. However where these plans do not exist evidence of the status needs to be established by undertaking research into a variety of records. It is often complex and time consuming involving many hours of research into historic records of various types. Many documents my have to be consulted. It is unlikely that any one document will provide conclusive evidence without the support of other documents.
If you require further information please contact Highway Management or consult the Highways Policy Document.
Extinguishment of Highway Rights