Key points in brief
- If your property is next to a public highway, it may not be clear where the highway ends and your land begins
- The red line on a title plan usually shows only the general position of the property, not the exact legal boundary
- Land that looks private may still form part of a public highway, including a verge, path or strip of land
- If you are unsure whether land forms part of a public highway, check with the local highway authority
If your property is next to a public highway, it is not always obvious where the highway ends and your land begins. This can affect what land is included in your title, what you can build or change, and who is responsible for different areas.
In practice, this does not usually present a problem, but there are some things to think about.
What is a public highway?
A public highway is land that the public has a right to use to get from one place to another. This can include:
- roads
- footpaths
- tracks
- verges
- strips of land at the side of a road, path or track
Sometimes the limits of a public highway are easy to identify, with features such as pavements, hedges, fences or walls marking the edge. In other places, it can be harder to tell whether land forms part of the highway. There is no standard width or length that applies in every case.
Many highways are looked after by the local highway authority and maintained at public expense. In these cases, the authority controls the surface of the highway, some of the ground beneath it, and the airspace needed for ordinary use of the highway under section 263 of the Highways Act 1980.
Why does it matter if my property is next to a public highway?
It matters because the boundary between private land and public highway land may not be exact or obvious. If land is part of a public highway, the local highway authority may have legal duties and powers over the highway which affect the ownership, use and control of the land.
This can affect:
- What land is included in your registered title
- Whether land that looks private is actually part of a public highway
- Whether you can move a fence or boundary feature
- Whether you can change an access point
- Whether you can build on, enclose or extend into an area of land
- Whether you can obstruct public access to land
- Who is responsible for maintaining or controlling the land
In many cases, this does not cause a problem. But it is important to check with the local highway authority if ownership or responsibility is unclear.
Does the red line on a title plan show the exact boundary?
The red line on an HM Land Registry title plan usually shows the general position of the property boundary.
Known as a general boundary, it does not usually show the exact position of the legal boundary.
Most title plans indicate general boundaries only. If this applies, the title plan will say that it shows the general position of the boundaries, not the exact line.
This means the red line is only an indication of the boundary. It is not proof of the exact legal boundary.
This also means that land may appear to be inside the red line on a title plan but not actually be included in the registered title. The opposite can also happen. Land may appear to be outside the red line but still be included in the registered title.
The general boundaries rule does not define or limit how much land can be affected.
Can land inside the red line still be part of a public highway?
Yes. Land may appear to be inside the red line on a title plan but still form part of the public highway, even where this is not mentioned in the title register.
Public highways are not usually included inside the red line on a title plan - one reason why it can be hard to tell exactly where private land ends and the public highway begins.
What happens if the red line appears to include part of a public highway?
If the red line on a title plan appears to include part of a public highway, that part of the highway will usually be excluded from the registered title.
This will include:
- the surface of the land
- some of the soil beneath it
- the airspace needed to use the highway
This means a title plan may appear to include land that is still subject to public highway rights or control by the local highway authority.
Can land that looks private still be public highway land?
Yes, land that appears to be private may still form part of a public highway.
This can include land such as:
- A grass verge
- A footpath
- A strip of land between a property and the road
- Land near an access point
- Land next to a wall, fence or hedge
You should not rely on appearance, a fence line or the red line on a title plan to decide whether land is private or part of a public highway.
If you are unsure, check with the local highway authority as any highway rights or requirements will override your private rights.
How can I check if land is part of a public highway?
If you want to check whether land forms part of a public highway, contact your local highway authority. They keep records of public highways and public rights of way.
GOV.UK also explains what public rights of way are, what to do if there is a problem and how to contact the right authority: Rights of way and accessing land: Use public rights of way - GOV.UK
FindMyStreet can also help. It lists streets in England and Wales and shows where a street is, its official name and which highway authority looks after it.
Council websites may also publish guidance about public rights of way (often shortened to ‘PRoW’), including information about encroachment and adopted roads.
Where can I find more information?
You can read more guidance from HM Land Registry and other public bodies. Some guidance is quite complex and mainly written for solicitors and conveyancers.
Useful guidance includes:
- Boundaries and Boundary disputes
- Public rights of way: local highway authority responsibilities
- HM Land Registry plans: boundaries (practice guide 40, supplement 3)
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