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Road Adoption and Highway Law Problems for Conveyancers

Data Law Limited


£60 inc VAT
Or £20.00/mo. for 3 months...
Study method
Online, self-paced
1 hour
No formal qualification
Additional info
  • Tutor is available to students

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Learning Outcomes

  • On completion of this course you will:

    • Be familiar with the Highways Act 1980
    • Be aware of with different types of road and maintenance obligations
    • Appreciate the issues surrounding creating highway rights in terms of dedication, acceptance etc
    • Understand the increasing problems surrounding road adoption agreements under s.38 and how to advise the client accordingly
    • Have considered the lender’s perspective vs owner’s perspective in respect of title insurance
    • Feel confident when advising the client regarding road adoption and highway law issues

What is the target audience?

  • Conveyancing practitioners


There have been an increasing number of cases in which road adoption procedures have not been dealt with correctly by developments. This, combined with instances in which conveyancers have failed to recognise and subsequently failed to provide clients with a clear explanation of the risks involved when buying a house where the road is not adopted, has resulted in this area of conveyancing practice becoming a minefield for clients and practitioners alike.

This course, delivered by solicitor and experienced property lecturer Hannah Mackinlay, will discuss the issues faced by conveyancers and will consider the following questions and topics:

  • What is a highway?
  • Creating highway rights
  • Road Adoption agreement under s.38
  • The lender’s perspective on s.38’s
  • The client’s perspective on road adoption
  • What will happen if it all goes wrong?
  • How far do you go?
  • Will title insurance solve the problem?
  • What do you tell the client?

In addition, Hannah will provide practical guidance on how to avoid common pitfalls, along with useful tips on how to advise the client should everything go wrong.

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An endorsed course is a skills based course which has been checked over and approved by an independent awarding body. Endorsed courses are not regulated so do not result in a qualification - however, the student can usually purchase a certificate showing the awarding body’s logo if they wish. Certain awarding bodies - such as Quality Licence Scheme and TQUK - have developed endorsement schemes as a way to help students select the best skills based courses for them.