Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Ownership definition

What does Ownership mean? In legal practice, ownership describes who has the bundle of rights over property: to possess, use, enjoy income, exclude others, transfer, or charge it, subject to law and third‑party rights (such as easements/servitudes, leases and security interests). It is a descriptive expression used across contexts (land, goods, shares, intellectual property), rather than a single statutory definition, though related concepts are defined in legislation and case law (for example, beneficial ownership in anti‑money laundering/PSC regimes and land registration rules). Across England & Wales, Northern Ireland and Ireland, lawyers commonly distinguish legal ownership (title shown on a register, deed or share register) from...

Public highways in England and Wales: legal definition, vesting and subsoil ownership, creation and adoption routes, maintenance duties, stopping up and diversion powers, and the role of National Highways

Published by a LexisNexis Planning expert

Practice notes

Meaning of ‘highway’

At its widest, a highway is a way—being a defined route such as a road, bridleway or footpath—over which the public may pass and re-pass. ‘Highway’ and ‘public right of way’ are often treated as the same, though ‘highway’ more usually denotes the physical corridor rather than the entitlement itself. For instance, a route used by motor vehicles would typically be described as a ‘highway’ rather than a ‘right of way’.

Right of passage

Once a route is a highway, the public acquire a right to go to and fro along it. That right is limited by the highway’s type: footpaths and pavements permit travel on foot; bridleways allow use on horseback; and vehicular roads cater for movement with or without vehicles.

Classes of highway

a carriageway, including a byway open to all traffic (for use on foot, horse, cycle, motorised and non-motorised vehicles)
a bridleway (for use on foot, horse and cycle)
a footpath (for use on foot and mobility vehicles)

ownership of highway

Several interests can exist in the...

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Piers Riley-Smith

Kings Chambers

Piers has a varied planning, environment, licensing and highways practice. Piers is ranked in Chambers and Partners 2023 where Clients have said: " Piers Riley-Smith is a strong planning junior”“An enthusiastic and excellent communicator as an advocate, and within the professional team.”Piers is ranked in the Legal 500 as a “Rising Star” and is noted as being “approachable and fully committed to the job in hand, providing good advice and giving a very positive impression to clients.’Planning and EnvironmentHe is regularly instructed by local authorities, developers and the wider public in planning inquiries. He has also been instructed by both local authorities and developers at local plan and neighborhood plan exams. He appears in the High Court and Court of Appeal on behalf of local authorities, and private companies or developers, and local resident groups. He also accepts pro bono briefs from the...

Web page updated on 22/05/2026

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