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Legal Terms – Highway
A highway is any road, path, or way over which the public has the right to pass and repass at all times. This includes footpaths, bridleways, carriageways, driftways, cul-de-sacs, and even navigable rivers.
Legally, a highway can be created in two main ways:
Once established, a highway cannot be extinguished merely through disuse. Obstructing or blocking a highway is a public nuisance, while misusing it—such as loitering or trading without authorization—may constitute trespass against the landowner who owns the subsoil.
Modern highway law also incorporates duties under the Highways Act 1980 for maintenance, safety, and management of public routes
A highway is any road, path, or way over which the public has the right to pass and repass at all times. This includes footpaths, bridleways, carriageways, driftways, cul-de-sacs, and even navigable rivers.
Legally, a highway can be created in two main ways:
- Statutory creation under public law, or
- Dedication by the landowner (express or implied) and acceptance by the public through continuous use.
Once established, a highway cannot be extinguished merely through disuse. Obstructing or blocking a highway is a public nuisance, while misusing it—such as loitering or trading without authorization—may constitute trespass against the landowner who owns the subsoil.
Modern highway law also incorporates duties under the Highways Act 1980 for maintenance, safety, and management of public routes
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