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, route, or way on land between two places that has been paved or otherwise improved to allow travel by foot or by some form of conveyance.
Traffic on roads consists of road users including pedestrians, ridden or herded animals, vehicles, streetcars, buses and other conveyances, either singly or together, while using the public way for purposes of travel.
A highway is any public or private road or other public way on land. It is used for major roads, but also includes other public roads and public tracks: It is not an equivalent term to controlled-access highway, or a translation for autobahn, autoroute, etc.
A sidewalk, pavement, footpath, or footway, is a path along the side of a road. Usually constructed of concrete or asphalt, it is designed for pedestrians. A sidewalk may accommodate moderate changes in grade (height) and is normally separated from the vehicular section by a curb. There may also be a median strip or road verge either between the sidewalk and the roadway or between the sidewalk and the boundary.
A trail is usually a path, track or unpaved lane or road. In the United Kingdom and the Republic of Ireland, path or footpath is the preferred term for a walking trail. The term is also applied, in North America, to 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 emigrants. In the USA "trace" is a synonym for trail, as in Natchez Trace. Some trails are single use and can only be used for walking, cycling, horse riding, snowshoeing, and cross-country skiing; others, as in the case of a bridleway in the UK, are multi-use, and can be used by walkers, cyclists and equestrians. There are also unpaved trails used by dirt bikes and other off-road vehicles and in some places, like the Alps, trails are used for moving cattle and other livestock.
The Wildlife and Countryside Act 1981 is an Act of Parliament in the United Kingdom implemented to comply with European Council Directive 2009/147/EC 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, cycles, 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 "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, sometimes colloquially described as "squatter's rights", is a legal principle under which a person who does not have legal title to a piece of property — usually land — acquires legal ownership based on continuous possession or occupation of the property without the permission of its legal owner.
In England and Wales, other than in 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, and states in the eastern United States.
Common land is land owned collectively by a number of persons, or by one person, but over which other people have certain traditional 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, usually an unmetalled rural route.
Rivington Pike is a hill on Winter Hill, part of the West Pennine Moors at Rivington, Chorley in Lancashire, England. The nearest towns are Adlington and Horwich. The land and building are owned and managed by Chorley Council. The Pike Tower is a prominent local landmark and is located at the summit. The area is popular with hill walkers and for mountain biking.
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 path, 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.
Revised Statute 2477 was enacted by the United States Congress in 1866 to encourage the settlement of the Western United States by the development of a system of highways. Its entire text is one sentence: "the right-of-way for the construction of highways across public lands not otherwise reserved for public purposes is hereby granted."
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". It is similar to real covenants and equitable servitudes; in the United States, the Restatement (Third) of Property takes steps to merge these concepts as servitudes.
Right of way is "the legal right, established by usage or grant, to pass along a specific route through grounds or property belonging to another", or "a path or thoroughfare subject to such a right". A similar right of access also exists on land held by a government, lands that are typically called public land, state land, or Crown land. When one person owns a piece of land that is bordered on all sides by lands owned by others, an easement may exist, or be created so as to initiate a right of way through the bordering land.
Compulsory purchase is the power to acquire rights over an estate in English land law, or to buy that estate outright, without the current owner's consent in return for 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 "for the public benefit", but this expression is interpreted very broadly.