In the common

law of England and Wales English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, ...

, a highway occurs where there is a public right of passage over land at all times "without let or hindrance" that follows a particular route. Thus, an area of

common land Common land is land owned by a person or collectively by a number of persons, over which other persons have certain common rights, such as to allow their livestock to graze upon it, to collect wood, or to cut turf for fuel. A person who ha ...

or a

village green A village green is a common open area within a village or other settlement. Historically, a village green was common grassland with a pond for watering cattle and other stock, often at the edge of a rural settlement, used for gathering cattle t ...

will not be a highway, although it may contain one. There are three kinds:- # A

footpath A footpath (also pedestrian way, walking trail, nature trail) is a type of thoroughfare that is intended for use only by pedestrians and not other forms of traffic such as motorized vehicles, bicycles and horses. They can be found in a wi ...

is a highway over which there is a public right of passage for pedestrians. # A

bridleway A bridle path, also bridleway, equestrian trail, horse riding path, ride, bridle road, or horse trail, is a trail or a thoroughfare that is used by people riding on horses. Trails originally created for use by horses often now serve a wider ...

is a highway that does not permit motor vehicles. Some bridleways also debar the driving of cattle. # A

carriageway A carriageway (British English) or roadway ( North American English) consists of a width of road on which a vehicle is not restricted by any physical barriers or separation to move laterally. A carriageway generally consists of a number of t ...

allows vehicles, animals and pedestrians. Highways are vital for tenants and landowners because most

property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, r ...

needs a means of access from the public highway. A property with no such means of access is called "landlocked", which has serious consequences for its value and use. The main statute governing highways is the

Highways Act 1980 The Highways Act 1980 (1980 c.66) is an Act of the Parliament of the United Kingdom dealing with the management and operation of the road network in England and Wales. It consolidated with amendments several earlier pieces of legislation. Ma ...

. This gives responsibility for most highways to local councils, although trunk roads lie directly with the Secretary of State.

Creation

A highway may be created in law by:- # 20 years' uninterrupted use by the public. Landowners sometimes prevent this by erecting notices that state no public right of way may arise, or by preventing use for a day (such as by padlocking a gate). # Dedication, in which the local authority is given notice to take over an area of land as a highway. It may object if the land is not sufficiently useful to the public.Highways Act 1980, Section 31. # Ancient use (public use of the way before the Highways Act 1835 came into force)

Partial table of cases

*'' Suffolk County Council v Mason'' 979AC 705. *'' Todd, Bradley v The Secretary of State for Environment Food and Rural Affairs''

004 004, 0O4, O04, OO4 may refer to: * 004, fictional British 00 Agent * 0O4, Corning Municipal Airport (California) * O04, the Oversea-Chinese Banking Corporation * Abdul Haq Wasiq, Guantanamo detainee 004 * Junkers Jumo 004 turbojet engine * Lauda ...

EWHC 1450. *'' Barrett v Director of Public Prosecutions''

009 009 may refer to: * OO9, gauge model railways * O09, FAA identifier for Round Valley Airport * 0O9, FAA identifier for Ward Field, see List of airports in California * British secret agent 009, see 00 Agent * BA 009, see British Airways Flight ...

EWHC 423. *'' Ernstbrunner v Manchester City Council and Another''

EWHC 3293.

Notes

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Sources

Hubbard, Tom. ''On the Road to Nowhere.'' Estates Gazette no. 1130, 30 July 2011. pp53-54. Reed Business Information. Roads in the United Kingdom Law of the United Kingdom