Part IV Maintenance of Highways

Maintenance of highways maintainable at public expense

44 Person liable to maintain highway may agree to maintain publicly maintainable highway.

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.