Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Common law definition

What does Common law mean? In practice, common law means judge‑made rules developed through case law and applied by courts when resolving disputes, filling gaps where no statute applies, and guiding statutory interpretation. It is not defined by legislation; it is a descriptive label for principles articulated in judicial decisions and followed under the doctrine of precedent (stare decisis). Key features include incremental development, binding effect according to the court hierarchy, and availability of judge‑made remedies. It encompasses both common law and (in England & Wales, Northern Ireland and Ireland) equitable doctrines, such as fiduciary duties, trusts and injunctions. In Scotland, the mixed system uses...

Highway Nuisance in England and Wales: Common Law and Highways Act 1980 on Builders’ Works, Scaffolding/Skips, Traffic (racing, stopping), Bridges, and Nuisances from Adjoining Land (Animals, Pigeons, Smoke, Trees)

Published by a LexisNexis Local Government expert

Practice notes

This Practice Note outlines highway nuisance law, and records that section 333 of the Highways Act 1980 (HiA 1980) expressly preserves Common law.

It considers when activities on or over the road may constitute a nuisance, with reference to statute and the common law, including:

builders’ works, scaffolding and skips;
racing and unsuitable traffic;
stationary traffic; and
bridges and beams spanning the highway.

It also surveys likely nuisances arising from neighbouring land, such as:

domestic or farm animals;
pigeons;
smoke and fumes; and
trees.

Common law and statute law

Regarding highways, nuisance at common law substantially overlaps with statutory provisions (principally within the HiA 1980), yet HiA 1980, s 333 specifically preserves the common law. Pratt and Mackenzie’s Law of Highways (21st edition, 1967) describes a highway nuisance as any wrongful act or omission on or near a highway that prevents the public from proceeding freely, safely and conveniently along it...

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Alastair Frew

Lodders Solicitors

I am a partner in Lodders’ Real Estate Group and head of the Business Property team, having joined the firm in 2002. My clients often include business owners, commercial developers, private investors, and niche housebuilders, as well as the financial institutions that fund them. I also lead the Renewable Energy team at Lodders. In this team, we guide a growing number of landowners through the complex documentation needed for matters like forming a solar PV development, establishing a battery storage scheme, and incorporating a wind farm. I have published books through Law Brief Publishing on the subjects of highways and renewable energy, and regularly contribute to Lexis Nexis....

Nicholas Hancox

Nicholas Hancox Solicitors

Nicholas qualified in 1977. He specialises in Education Law, Local Government Law and Highways Law and has been authoring and editing for LexisNexis since 2000....

Sam Amphlett

Lodders Solicitors

I am a Legal Director in Lodders’ Real Estate Group. I joined the firm in 2023. My clients include SME housebuilders, business owners and private individuals. I specialise in planning and highways matters including advising on planning and highways enquiries from individuals, action groups, businesses and local authorities, with a particular interest in rights of way issues, biodiversity net gain, drafting and negotiating complex planning and infrastructure agreements and carrying out due diligence on property transactions....

Web page updated on 21/05/2026

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