Highways and Public Rights of Way

Members regularly advise local authorities, developers, landowners, interest groups and individuals on highway and  public rights of way issues and appear in court and at public inquiries on these matters including:

• Whether a highway/public right of way exists over property;
• The extent of the public highway/right of way;
• The status of particular highways and public rights of way;
• Whether a highway is maintainable at the public expense;
• The means by which highways can be adopted;
• Drafting and interpretation of dedication agreements and section 38 agreements;
• The extent of the duty to maintain highways;
• Private Streets
• Street works and the powers and duties of statutory undertakers
• Liabilities in relation to highway structures (culverts, retaining walls etc)
• Rights of access to and from the highway;
• Obstruction of the highway and public nuisance;
• The powers and duties of highway authorities;
• Powers to stop up and divert highways;
• Drafting and interpreting section 278 agreements;
• Drafting and promoting highway orders;
• Drafting and promoting Definitive Map Modification Orders (DMMOs) and Public Path Orders;
• Challenging highway, DMMO and Public Path Orders by statutory appeal or judicial review.

 
To view a list of our members who specialise in this area, please click on the drop down menu to the left.