As a rule of thumb, the highway authorities have jurisdiction over the surface of the public road and the verge within the confines of the boundary fences found on either side of the road. There are many publicly maintained roads in remote areas, such as on moor land where no boundaries exist on either side of the road. In these circumstances where does the highways jurisdiction begin and end?
The is no definitive general definition of the extent of a highway verge. Where the extent is not clearly defined on the County Council’s Land Charges Records we normally consider what all the evidence suggests is highway land on a balance of probabilities. The evidence could include any record of highway maintenance, location of street furniture and any historic mapping or photographic evidence.
The edge of the highway on a rural road is often defined by a solid white line. However, the tarmac surface frequently extends a little further onto the adjacent land. This overspill of tarmac clearly cannot be expected to extend ad infinitum. Hence are there any guidelines / constraints limiting the width of the tarmac extending beyond the white edge marks?
Edge of carriageway markings are intended to delineate the edge of carriageway, particularly on unlit classified roads and those not having clearly defined raised kerbs. Edge markings have merit as a safety measure and they can also help
to protect verges on narrow rural roads. They do not define the edge of the highway, and are normally positioned away from edge of the surfaced area of carriageway. Section 2.5 of the Traffic Signs Manual provides guidance on their use and positioning Traffic Signs Manual – Chapter 5 – Road Markings (publishing.service.gov.uk)