Meaning of “Highway”

August 7th, 2017 by James Goudie KC

In Southwark LBC v Transport for London (2017) EWCA Civ 1220 the Court of Appeal applied the common law meaning of “highway” as only the road surface and “the top two spits” of subsoil necessary to use as a highway, and not the entire vertical interest in the land on which the highway runs.


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