Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Right of way definition

What does Right of way mean? A right of way is a legal right to pass and repass over land owned by someone else—on foot, with vehicles, animals or equipment—for a defined purpose. In private law it is usually an easement in England & Wales, Northern Ireland and Ireland, and a servitude in Scotland. The concept is primarily shaped by case law, with statutory rules on prescription and recording/registration varying by jurisdiction. Key features include: it benefits identified “dominant” land and burdens “servient” land; the scope is limited to the permitted mode and intensity of passage; ancillary rights reasonably necessary to use the way may exist; there...

Liability for Road Accidents Caused by Highway Obstacles: Negligence, Highways Act 1980 s 41 and Animals Act 1971 (England and Wales)

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

There are several commonly encountered hazards on the highway:

animals
poorly maintained roads
ice and snow
flooding
vegetation
other obstructions

Animals straying onto the highway

The majority of claims about animals on the highway are determined under Negligence, though some have succeeded under the Animals Act 1971 (AA 1971). Collisions between vehicles and farm animals can be severe, given the animal’s size and unpredictability. At Common law, an owner or keeper will be liable where, through their negligence, the animal causes damage. Farmers grazing cattle in fields adjacent to roads must take all reasonable steps to prevent escape and thus avoid endangering road users; ordinary negligence principles apply. In assessing what precautions are reasonable, the court balances the likelihood and potential seriousness of an accident against the cost of prevention, decided case by case. A defence may exist where the animals have strayed...

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Web page updated on 21/05/2026

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