Q&As

If a person owns land which abuts a public highway are there any statutory or other provisions which deal with that landowners right to gain access onto the highway?

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Published on: 20 November 2017
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At Common law, the owner of land which adjoins a highway has a right of access from his land onto the highway. This right enables an access from any point on the landowner’s land which abuts the highway (Marshall v Blackpool Corporation).

This is a private right, entirely separate from the public right to use the highway (Lyon v Fishmongers), however, the use of this private right is one which must be exercised reasonably so as not to interfere with the reasonable exercise by the public of their rights of way (Rowley v Tottenham Urban DC).

There are, however, a number of limitations to this right introduced by statute.

Driving on footways and verges may be a criminal offence under section 72 of the Highways Act 1835,

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Jurisdiction(s):
United Kingdom
Key definition:
Common law definition
What does Common law mean?

Common law is case law (decisions from courts and tribunals). Case law has also established and developed many principles of law and equity not covered by legislation. Case law is therefore a key source of primary law.

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