Highways Act 1980 (c. 66)

Part IV E+W Maintenance of Highways

Maintenance of highways maintainable at public expense E+W

44 Person liable to maintain highway may agree to maintain publicly maintainable highway. E+W

Where any person is liable under a special enactment or by reason of tenure, enclosure or prescription to maintain a highway, he may enter into an agreement with the highway authority for that highway for the maintenance by him of any highway maintainable at the public expense by the highway authority; but nothing in this section affects the duty of a highway authority to maintain a highway as respects which any such agreement is made.