Road Adoption and Highway Law Problems for Conveyancers

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Course Overview

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.

What are the requirements?

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




About Instructor - Hannah Mackinlay

Hannah Mackinlay qualified as a solicitor in 1981 and has worked at a senior level for major firms such as Pinsents and Shoosmiths, and also local authorities. As well as acting for major landowners, local authorities, development agencies, national house builders, banks, building societies and PLCs, she has also dealt with the rank and file high street commercial leases and small developer. In 1995 she obtained a Masters Degree in Environmental Law and for a while specialised in the area of contaminated land issues and Waste Management. She was a member of the National Council of the UK Environmental Law Association. Since 2003 she has focussed on CPD training to the profession and has lectured widely on the subject of residential and commercial property, property development, overage, and Stamp Duty Land Tax and recently set up  as a resource centre for conveyancers.

Course Curriculum

recorded webinars

  • Webinar


  • Notes
    25 Page
  • Slides
    11 Page


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