(e)the payment of payments by the authority entering into the agreement or, if the agreement is entered into jointly by a district council [F183 non-metropolitan] and a local road authority, one of those authorities to any person having an interest in the land or building covered by the agreement; The public acquires only the right to use a public road, while ownership of the land remains the property of the owner, subject to the rights of the public. When a road is constructed, the public has the right of way and the privileges associated with it, including the right to construct, improve and repair the road. However, when a road is abandoned or abandoned, complete and unlimited ownership reverts to the true owner. (6) An order providing for the assignment or transfer by a special road authority of a highway included in the special highway approval regime shall not be made or confirmed by the Minister under this section unless, (3) If, under an order made under this section, a person`s liability for the maintenance of a highway ceases to apply, That person shall be bound to pay to the highway traffic authority such amount as may be agreed between him and that authority or, if no agreement is reached, may be determined by arbitration to represent the value of the extinguishment of his liability to him. [F16(5)Subsection (3A) is subject to any provision of this Act or an order made under this Act or any other Act under which a council other than the Welsh Council of the area in which the motorway is situated is the motorway authority.] The HA 1980 imposes an obligation on Welsh Ministers to maintain motorways at the expense of which they are the motorway authority. These motorways include national roads such as the A470 North-South Wales and special roads such as the M4 motorway in South Wales. In relation to other motorways, the motorway authority will almost always be the local council, except in exceptional cases where, for example, Welsh Ministers construct a motorway other than a national road using their powers under section 24(1) of the 1980 Act. maintaining or improving the environment through which the highway passes;] for the purposes referred to in Subsection 2, continue to be main roads or, where applicable, classified roads (or both main roads and classified roads of a category other than main roads, in the case of motorways covered by both points (a) and (b)) and are designated as such. Motorway. A passage or road through the country or parts of it, for the use of persons. 1 bouv.
Inst. No. 442. The term highway is supposed to be a generic name for all types of public roads. 6 Mod R, 255. 2. Motorways are generally laid out by the public authorities and repaired at the expense of the State by order of the law. 4 ridges. 2511. 3. The public has an easement on a public highway that cannot be removed by the owner of the property; But the land and the earth always remain in possession, and he can use the land above and below in accordance with servitude. He can therefore treat a mine, lower a drain or a stream under the road if the easement is not affected.
empty path; Street; Path; and 4 wine. From. 502; Ferry. From. H.T.; Com. Dig. Path; Dane is gone. Index, h.t.; Egremont on highways; Popular on highways; Woolrych on Ways; 1 N. H.
Rep. 16; 1 Conn. R. 103; 1 selection. R. 122; 1 M`Cords R. 67; 2 Mass. R. 127; 1 selection. R. 122; 3 Rawle, r.
495; 15 John. R. 483; 16 Mass. R. 33; 1 Shepl. R. 250; 4 days, R. 330; 2 deposits. No. 271; 1 Yeates, rep. 167.
4. Owners of land on either side of a highway are prima facie owners of half the road, 9 Serg. & Rawle, 33; Ham. parties, 275; Br. Abr. Nuisance, pl. 18 and the owner may recover the property by eviction and cause it to be handed over to him, subject to public servitude. Adams on Eject.
19, 18; 2 John. Reports 357; 15 John. 447; 6 Mass 454; 2 Fair 125. 5. If the road is impassable, the public has the right to travel on adjacent land; However, this rule does not extend to private channels without express donation. Tomorrow. Vad. Guy. 456-7; 1 tho. Co.
lit. 275; Note 1 Barton, Elem. Conv. 271; Yelv. 142, note 1 (1) All motorways which, immediately before the coming into force of this Act, were motorways which could be maintained at the expense of the State for the purposes of the M6 Motorways Act 1959 shall continue to be capable of maintenance for the purposes of this Act (subject to this section and any order of a district court under section 47 below). (1) The council of a parish or municipality may undertake the maintenance of any walking trail [F214, bridle road or restricted bypass] within the parish or municipality, both of which is a highway that may be maintained at the expense of the State; but nothing in this subsection shall affect the obligation of a road authority or any other person to maintain such a footpath [F214, bridle road or restricted secondary road]. (3) The Minister`s power under this section to order that a highway or proposed highway become a national highway includes the power to order that a proposed highway or highway that the Minister considers appropriate to relieve a main roadway of the main highway of local traffic becomes part of the main highway; whether or not the proposed highway or highway is separated from the rest of the road by intermediate terrain. (1) A reference in any provision of this Act or any other regulation to a GLA road shall be construed as a reference to a motorway or proposed motorway in Greater London which is originally a GLA route on the basis of: Road law consists of a system of rules and regulations based on traditional practices and customs, which regulate traffic safety on motorways.
