What's on Practical Law?
Practical Law may have moderated questions and answers before publication. No answer to a question is legal advice and no lawyer-client relationship is created between the person asking the question and the person answering it. Where appropriate, you should consult your own lawyer for legal advice. Practical Law's employees are not practising solicitors or barristers. The Ask scope and rules apply.

Where a public highway is adopted, will this allow adjoining owners to arrange for services to be laid in the highway?

Anonymous (Private practice)

Q:
My developer client is building out a residential housing scheme. Our highways search shows that the road adjoining the site is adopted and maintainable at public expense. Our land registry enquiries show that the subsoil is registered and owned by a company entity (not the local authority). Our client has arranged for services to benefit the scheme to be installed within the adopted highway. The owners of the subsoil are claiming that the installation of services is a trespass and that they are entitled to compensation. I am therefore investigating the extent of the vesting/ownership of land and associated rights. I note the wording of section 263 of the Highways Act 1980. Upon reviewing your Practice note, Highway maintenance responsibilities of a highway authority, I also note the following statement: “The highway authority's interest extends into the subsoil beneath the surface of the highway, and into the airspace above the highway, but only to the extent required for the exercise of its powers and the performance of its statutory duties.” Given the usual drainage etc that would occupy a certain depth of land/road, the above statement would suggest that ownership vests in the local authority of sufficient land to allow such other services to be installed within the adopted highway and for there to be no trespass against a private owner of the subsoil. Please would you confirm the source of the statement so that I can independently verify the same, as I cannot trace such wording within the Highways Act 1980, but do appreciate that case law and other legislation shall also apply.

Get full access to this document with a free trial

Try free and see for yourself how Practical Law resources can improve productivity, efficiency and response times.

About Practical Law

This document is from Thomson Reuters Practical Law, the legal know-how that goes beyond primary law and traditional legal research to give lawyers a better starting point. We provide standard documents, checklists, legal updates, how-to guides, and more.

Learn more
  • Expert Guidance

    650+ full-time experienced lawyer editors globally create and maintain timely, reliable and accurate resources across all major practice areas.

  • Trust

    83% of customers are highly satisfied with Practical Law and would recommend to a colleague.

  • Improve Response Time

    81% of customers agree that Practical Law saves them time.

End of Document
Also Found In
Resource ID a-015-9382
© 2024 Thomson Reuters. All rights reserved.
Date published
14 April 2015
Resource Type Ask
Jurisdictions
  • England
  • Wales
Related Content