How do highways become public highways?
A. In brief, prior to 1835 a road became a highway by use and permission of the land owner. They were in those days roads maintainable by the inhabitants at large. In 1835 an act of parliament established the County Surveyor to maintain the public highways. From 1835 before a highway became maintainable at public expense the County Surveyor had to formally adopt the road. The current Highway Act dates from 1980, in which are powers used by highway authorities to adopt roads. For example, for new housing estates we normally adopt them by means of a Section 38 Agreement.
