Highway Maintainable at Public Expense

Johnhowell

It could be described as "meaningless" UNTIL a Highway is STOPPED UP (extinguished). Then the "ownership" - maintaining responsibility - will revert to the freeholder as described in the deeds.

If, like most highways, no previous ownership is recorded then the Stopped Up Highway will usually be divided to the centre of the Highway for each Frontager (which may not the centre of the road!).

Part of the searches your solicitor does is request of the Highway Authority the extent of the Highway adjacent to the property in question.

Good luck

davidmcn

agrinnall wrote: »

Is this in the UK? I find it difficult to believe that any highway that is maintainable at public expense is actually available to be privately purchased.

Perfectly common for titles to include public roads, though it would be odd for a title which comprised solely a public road to be sold.

In answer to the OP, the fact you have the underlying title to the road is an irrelevance - the roads authority controls whatever happens on the road (and any maintainable pavement and verge).

Uxb1

agrinnall wrote: »

Is this in the UK? I find it difficult to believe that any highway that is maintainable at public expense is actually available to be privately purchased.

That's to be honest how I understood it
A full public highway is owned by the council/HMG plus a verge of usually a metre on either side of the tarmac.
The lesser right of ways such as a BOAT, footpath or bridleway, the land is owned by the landowner who owns it but with rights of the public in the various classes that the right of way is to go along it.
A BOAT - byway open to all traffic is the modern equivalent of the old unadopted public road.

Cash-Cows

The OP has not bought the highway. Highway cannot be bought or sold. What the OP has bought is land which includes the sub soil under the highway. They cannot do anything with it and it gives them no special rights to the highway anymore than any other person.

Can they apply for planning permission on it or in the associated highway verge if one exists? Yes of course. Land ownership is not a material planning consideration. The OP would just serve notice on the highway authority. This wouldn't though, even if planning permission or advert consent granted, give permission to build out the scheme or erect an advert. The OP would need separate permission from the highway authority. For adverts or structures on the highway it's unlikely they would give their consent.

To check the extent of the public highway council's will often include this on their online mapping systems. Failing that the highway authority or local authority land search teams will be able to supply a definitive plan.