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highway

A road or other way over which the public may pass and repass as of right. Highways include *footpaths, *bridle ways, *driftways, carriage ways, and cul-de-sacs. Navigable rivers are also highways. A highway is created either under statutory powers or by dedication (express or implied) by a landowner and acceptance (by use) by the public. Once a highway has been created, it does not cease to be a highway by reason of disuse. Obstructing a highway is a public nuisance (see also *obstruction), and misuse of the public right to pass and repass over a highway is a trespass against the owner of the subsoil of the highway.

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