My understanding is that whether a road is maintainable at public expense or not is irrelevant to whether it is a highway or not. Usually, a private street that is also a highway will have come into being as a highway by prescription i.e. long usage by the public as a right of way and without interruption. The right of way may however be for pedestrians, equestrians or some or all classes of vehicles.
More inportantly, it can be confusing to owners of private streets in that the term “private” does not necessarily mean that the owner has discretion over what happens on his/her land.
More inportantly, it can be confusing to owners of private streets in that the term “private” does not necessarily mean that the owner has discretion over what happens on his/her land.
