Placing objects on the highway is an offence under Highways Act 1980 s.148, and the remedy is found in s.149. The Highway Authority has a duty to assert and protect the highway under s.130. Subsection (4) states that it is the duty of the highway authority to prevent unlawful encroachment on any roadside waste comprised in a highway for which they are the highway authority. The question as to what is the extent of the highway is covered by case law in Neeld v Hendon UDC (1899), where it was established that the width of a highway is the whole space between hedges, fences or ditches [i.e. not just the metalled part]. It would be necessary to consider whether the boundaries have been constructed with reference to the highway or for some other purpose (this may require historical research or user evidence). An easy test to determine the extent of the highway is to see whether the verge has been maintained at the public expense (e.g. by mowing), or whether there are telegraph poles on it. An important factor to bear in mind is that a highway is a right of way - ownership of the land is not relevant. This is the mistake that most people (including council staff) make - when obstructions are reported they look for landowners rather than evidence of highway rights. It follows, therefore, that in most cases objects placed on the verge are unlawful and should be removed by the Highway Authority.