Highway Carriageway Driftway | compare these Rights of Way

Rights of Way – Highway Carriageway Driftway

A way or passage on land, made or unmade, over which the public at large has a right to pass and repass for legal purposes. “The word ‘highway’ is of Saxon derivation [heghewei], meaning a right of use for passengers whether public or private. A highway is a “generic name for all kinds of ways which are common to all people having occasion to pass over them”, Safeway Trails, Inc. v. Furman, 76 NJ Super 90, 183 A.2d 788, 793 (1962). A right of way or road that leads along a defined route from one town or place to another; is common to the general public; and normally may be used as a right of passage, without let or hindrance, at any time of the day or night, and any time of the year (Ex parte Lewis (1888) 21 QBD 191, 197; 21 Halsbury’s Laws of England, Highways, Streets and Bridges (4th ed. Reissue), § 1). Essentially a highway requires a right of ‘common enjoyment’ (i.e. not just a right for a limited class of individuals); although it may be limited to a given class of traffic and it may be subject to certain restrictions or regulations. As a rule, being a public right there is a duty of public maintenance (this is an important distinction between a highway carriageway driftway). A highway may mean more than merely a paved roadway for vehicular passage; it may include a footpath, bridleway, carriageway, driftway or street: “the word highway is the genus of all public ways, as well as the cart, horse and footways”, R v Saintiff (1704) 6 Mod 255, 87 Eng Rep 1002. Highway carriageway driftway – different kinds of public way At common law, highways are of three kinds according to the degree of restriction of the public rights of passage over them. A full highway or ‘cartway’ is one over which the public have rights of way: (i) on foot, (ii) riding on or accompanied by a beast of burden, and (iii) with vehicles and cattle (Suffolk County Council v Mason [1979] AC 705, 710, [1979] 2 All ER 369, 371 (HL)). Although, in modern usage, a highway is predominately used for vehicular traffic.highway carriageway driftway A highway may be considered as a way along water; “highway is described as a public way which every person has a right to use, and included are carriage-ways, foot-ways, bridle-ways, bridges, railroads, canals or navigable rivers”, City of Albany v. State, 71 Misc.2d 339, 335 NYS.2d 962, 980 (1972). However, the English House of Lords considered that a river, when used in the context of a “right of way upon or over land” is not a highway (A-G (ex rel Yorkshire Derwent Trust Ltd) v Brotherton [1991] 1 AC 425, 436 (HL)). In English statute law, a highway may be understood to mean … [Read more of this definition in realestatedefined.com] See also ad medium filum, adoption, building line, cartway, dedication, easement of necessity, extinguishment order, highway authority(Eng), highway commission(US), improvement line(Eng), nuisance, pedestrian precinct order(Eng), prescription, street.

A carriageway is:

A highway over which there is a right to drive vehicles, as well as (unless prohibited by statute) a right to drive or ride animals or to pass and repass on foot. A driftway is: A common way for driving cattle or horses, especially to market. Also called a ‘droveway’. In the civil law a ‘driftway’ (or actus) is a form of rural servitude.

Highway Carriageway Driftway in common law:

A driftway may be permitted within a carriageway or a bridleway, but not invariably (Suffolk County Council v Mason [1979] AC 705, 727, [1979] 2 All ER 369, 384 (HL)). The term ‘carriageway’ is presumed at common law to include a bridleway, but not necessarily a driftway (Suffolk County Council v Mason [1979] AC 705, 727, [1979] 2 All ER 369, 384 (HL)). A carriageway may incorporate a footway, but a footway is not a carriageway. A carriageway is defined by statute as “a way constituting or comprising a highway, being a way (other than a cycle track) over which the public have a right of way for the passage of vehicles”, Highways Act 1980, s. 329(1). Sometimes called a ‘cartway’, especially when restricted to wheeled vehicles. So highway carriageway driftway are rights of way, but each for a more and more restricted purpose (read on in Real Estate Defined).

Bibliographical references for Highway Carriageway Driftway:

39 & 40 Am.Jur.2d., Highways, Streets, and Bridges (Rochester, NY), §§ 1–631. 39A & 40 Cor.Jur.Sec., Highways (St. Paul, MN), §§ 1–292. S. Sauvain. Highway Law (3rd ed. London: 2004). 21 Halsbury’s Laws of England, Highways, Streets and Bridges (4th ed. Reissue), §§ 1–8. Encyclopaedia of Highway Law and Practice (London: Loose-leaf), § 2–484 (highway carriageway driftway).

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Terms in bold including ad medium filumadoptionbuilding linecartwaydedicationeasement of necessityextinguishment order, highway authority(Eng)highway commission(US)improvement line(Eng)nuisancepedestrian precinct order(Eng)prescription and street are all defined and explained in detail in, with more references Real Estate Definitions Online.

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Read all about the highway carriageway driftway,  and other forms of right of way, with multiple cross references in Real Estate Defined.

(Highway Carriageway Driftway)

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