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Buying highway land

Across the county there are pieces of land next to private homes and gardens that do not look like roads or pavements but are actually part of the road. This is called 'highway land'. Sometimes people want to buy this highway land to use for their own purposes.

What is meant by highway land?

Highway land is a piece of land that is not an essential part of the road. For example, the grass verge outside your home could be highway land.

Who owns the piece of land?

This depends on how long the road has been there. If it has been there for a long time, you (as the person whose land it is next to) could already own the land. If it is a new road, or has been improved, we are likely to own the land.

Who can buy the piece of land?

People who own land next to the highway land can apply to buy it, as long as the land is not needed for something else.

Can I just look after the piece of land?

Yes. This may be a better way of using the land. If you just want to look after the piece of land, we can make an agreement with you to allow this. Please call us to talk to us.

How do I buy the piece of land?

The first thing to do is to contact us. If we own the land, it may be possible to sell it to you. This would be at its full market value.

However, before this can be done, we have to make several checks to make sure the land is not needed for anything else.

This includes checks to find out if:

  • there are future improvements planned
  • there are water or gas pipes or electricity or phone cables buried in the land or
  • local district and parish councils have any plans for the land.

If the checks show that the land is not needed, the legal process can go ahead. This involves publishing an 'order' saying that the land is not needed for highway purposes. This is called a 'Stopping Up Order' and involves putting notices in local newspapers and on the land. The order will need final approval at a magistrates' court.

Can someone object to the land being sold to me?

Yes. If there are pipes or cables in the land then there will probably be objections. Sometimes neighbours may object. If this happens, it may be too difficult and expensive for us to sell the land to you or not possible to get the 'Stopping Up Order' approved by a magistrates' court.

If there are no objections, there will be a hearing at the magistrates' court to approve the order. You will then be able to buy the piece of land.

How much will it cost me?

You will have to pay the cost of the whole process. This is usually about £2000, but if there are objections it could cost much more.

Should I buy a piece of highway land to stop antisocial behaviour?

This would not be the right way to try to stop an antisocial activity.

Copyright Kent County Council 2008