Highway Issues for Property Lawyers
What is a 'Highway'? Do you know? Your clients purchasing properties on new estates would be horrified to know that their access road is unlikely to ever become adopted despite the existence of s.38 agreements and bonds. You may be blamed for failing to warn them of the risks they face.
Whether a highway adjoins land and the status of any road or track that affects it is of vital importance. Development sites may be worthless without access and domestic properties may be unsaleable if they do not abut an adopted highway. Whether a road is a highway can be difficult to ascertain and local authorities may be unable to help.
What You Will Learn
- What is a highway - roads, ways, footpaths, bridleways
- How are highways created? Statutory and common law methods
- Ownership of highways & the position of the highway authority
- The problems with s.38 agreements and the spectre of unadopted roads
- How wide and deep is the highway? What about grass verges and ditches adjoining?
- What about footpaths, bridleways and restricted byways?
- Powers to apply for the stopping up and diversion of highways
- Public versus private rights
- Powers of local highway authorities in relation to highways
- Property Development issues
Please let us know if you wish to be notified when new dates are added for this programme