A. W. & C. Barsby:  Legal Research and Publishing
Highways

Highways fall into three main categories:

  • Carriageways, with a public right of way for vehicles, equestrians and pedestrians
  • Bridleways, with a public right of way for equestrians and pedestrians
  • Footpaths, with a right of way for pedestrians.

However, bridleways and footpaths may also be subject to a right of way for cyclists. And another category of highway is by-way open to all traffic, or BOAT, known to some as a "green lane". These are carriageways which are not surfaced. They can legally be used by motor vehicles, and are thus very attractive for off-road enthusiasts.

Most highways are "maintainable at the public expense", which means that the local authority has to look after them, and owns them. Local authorities must keep a list, open to the public, of highways which are maintainable at the public expense.

The law on footpaths, bridleways and BOATs is amended by Part II of the Countryside and Rights of Way Act 2000. Among other changes, this makes it easier for landowners to stop up and divert footpaths and bridleways. Also relevant for puboic rights of way for mechanically-propelled vehicles is Part 6 of the Natural Environment and Rural Communities Act 2006.

Private Roads: The Legal Framework (4th ed) contains a detailed explanation of public rights of way over a private roads: the fact that a public right of way has arisen does not necessarily mean that the road is "adopted" by the local authority.

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