In the common law of England and Wales, 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 or a village green will not be a highway, although it may contain one. [1]
There are three kinds:-
Highways are vital for tenants and landowners because most property 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. This gives responsibility for most highways to local councils, although trunk roads lie directly with the Secretary of State.
A highway may be created in law by:-
Hubbard, Tom. On the Road to Nowhere. Estates Gazette no. 1130, 30 July 2011. pp53-54. Reed Business Information.
A road is a thoroughfare for the conveyance of traffic that mostly has an improved surface for use by vehicles and pedestrians. Unlike streets, whose primary function is to serve as public spaces, the main function of roads is transportation.
Traffic comprises pedestrians, vehicles, ridden or herded animals, trains, and other conveyances that use public ways (roads/sidewalks) for travel and transportation.
A highway is any public or private road or other public way on land. It includes not just major roads, but also other public roads and rights of way. In the United States, it is also used as an equivalent term to controlled-access highway, or a translation for motorway, Autobahn, autostrada, autoroute, etc.
A sidewalk, pavement, footpath in Australia, India, New Zealand and Ireland, or footway is a path along the side of a road. Usually constructed of concrete, pavers, brick, stone, or asphalt, it is designed for pedestrians. A sidewalk is normally higher than the roadway, and separated from it by a kerb. There may also be a planted strip between the sidewalk and the roadway and between the roadway and the adjacent land.
A trail, also known as a path or track, is an unpaved lane or a small paved road not intended for usage by motorized vehicles, usually passing through a natural area. In the United Kingdom and Ireland, a path or footpath is the preferred term for a pedestrian or hiking trail. The term is also applied in North America to accompanying routes along rivers, and sometimes to highways. In the US, the term was historically used for a route into or through wild territory used by explorers and migrants. In the United States, "trace" is a synonym for trail, as in Natchez Trace.
The Wildlife and Countryside Act 1981 is an Act of Parliament in the United Kingdom implemented to comply with European Council Directive 79/409/EEC on the conservation of wild birds. In short, the act gives protection to native species, controls the release of non-native species, enhances the protection of Sites of Special Scientific Interest and builds upon the rights of way rules in the National Parks and Access to the Countryside Act 1949. The Act is split into 4 parts covering 74 sections; it also includes 17 schedules.
A footpath 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 wide variety of places, from the centre of cities, to farmland, to mountain ridges. Urban footpaths are usually paved, may have steps, and can be called alleys, lanes, steps, etc.
The freedom to roam, or everyone's right, every person's right or everyman's right, is the general public's right to access certain public or privately owned land, lakes, and rivers for recreation and exercise. The right is sometimes called the right of public access to the wilderness or the right to roam.
Adverse possession in common law, and the related civil law concept of usucaption, are legal mechanisms under which a person who does not have legal title to a piece of property, usually real property, may acquire legal ownership based on continuous possession or occupation without the permission (licence) of its legal owner.
In England and Wales, excluding the 12 Inner London boroughs and the City of London, the right of way is a legally protected right of the public to pass and re-pass on specific paths. The law in England and Wales differs from Scots law in that rights of way exist only where they are so designated, whereas in Scotland any route that meets certain conditions is defined as a right of way, and in addition, there is a general presumption of access to the countryside. Private rights of way or easements also exist.
Riparian water rights is a system for allocating water among those who possess land along its path. It has its origins in English common law. Riparian water rights exist in many jurisdictions with a common law heritage, such as Canada, Australia, New Zealand, and states in the eastern United States.
Common land is collective land in which all 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 green lane is a type of road in the United Kingdom, usually an unmetalled or unpaved rural route.
The Town and Country Planning Act 1990 is an act of the Parliament of the United Kingdom regulating the development of land in England and Wales. It is a central part of English land law in that it concerns town and country planning in the United Kingdom. Repealed in parts by the Planning and Compensation Act 1991, it is now also complemented by the Planning and Compulsory Purchase Act 2004.
The Highways Act 1980 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. Many amendments relate only to changes of highway authority, to include new unitary councils and national parks. By virtue of the Local Government (Wales) Act 1994 and the Environment Act 1995, most references to local authority are taken to also include Welsh councils and national park authorities.
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 range of users, including equestrians, hikers, and cyclists. Such paths are either impassable for motorized vehicles, or vehicles are banned. The laws relating to allowable uses vary from country to country.
An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a property right and type of incorporeal property in itself at common law in most jurisdictions.
English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is usually seen as the most important part of English property law. Ownership of land has its roots in the feudal system established by William the Conqueror after 1066, but is now mostly registered and sold on the real estate market. The modern law's sources derive from the old courts of common law and equity, and legislation such as the Law of Property Act 1925, the Settled Land Act 1925, the Land Charges Act 1972, the Trusts of Land and Appointment of Trustees Act 1996 and the Land Registration Act 2002. At its core, English land law involves the acquisition, content and priority of rights and obligations among people with interests in land. Having a property right in land, as opposed to a contractual or some other personal right, matters because it creates priority over other people's claims, particularly if the land is sold on, the possessor goes insolvent, or when claiming various remedies, like specific performance, in court.
Compulsory purchase is the power to purchase or take rights over an estate in English land law, or to buy that estate outright, without the current owner's consent, in exchange for payment of compensation. In England and Wales, Parliament has granted several different kinds of compulsory purchase power, which are exercisable by various bodies in various situations. Such powers are meant to be used "for the public benefit". This expression is interpreted broadly but is subject to the test of overriding or compelling public interest.
A right of way is a transportation corridor along which people, animals, vehicles, watercraft, or utility lines travel, or the legal status that gives them the right to do so. Rights-of-way in the physical sense include controlled-access highways, railroads, canals, hiking paths, bridle paths for horses, bicycle paths, the routes taken by high-voltage lines, utility tunnels, or simply the paved or unpaved local roads used by different types of traffic. The term highway is often used in legal contexts in the sense of "main way" to mean any public-use road or any public-use road or path. Some are restricted as to mode of use.