Highways Act

The Highways Act can lead to a right of way being claimed over your land or development. If you are looking for advice on a Highways Act issue, Kingsley Smith Solicitors have the expertise to help.

The law in respect of highways is both ancient and modern. The principles involved are regularly misunderstood both by highways authorities and the public.

Here at Kingsley Smith Solicitors we advise regularly upon the issues surrounding the Highways Act. In particular we can advise on Section 53 of the Wildlife and Countryside Act, and Section 31 of the Highways Act 1980. We ensure that our planning law expertise is used to your advantage.

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Highways Act Planning Issues

In relation to the Highways Act, public rights of way, and the Wildlife and Countryside Act, we can review your situation and advise you of all of your legal options. We will assess whether you have a good case or one that can be better presented to provide you with an increased chance of a successful outcome. We can help you fulfil your ultimate objectives.

Highways Act Section 31

Section 31 of the Highways Act 1980 deals with the dedication of a way as a highway presumed after public use for twenty years. What this means is that a landlord can find that part of their land has effectively become a public highway, which can be a major hassle and is often a significant impediment to development. Being an impediment to development, it is also depresses property prices.

Fortunately, Section 31(6) offers a defence against the Section 31 act coming into effect on your land, and has been used by landowners and developers to safeguard and protect their properties. We can help explain and take you through the process of a Section 31(6) application and deposit a landowner statement. Time is of the essence, as after twenty years of continuous use this process will no longer be successful.

Can We Help You With A Highways Act Issue?

Please call us on 01634 811 118, complete our online enquiry form, or email our planning law expert Nicholas Kingsley-Smith.

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