Clearly, it is possible for adverse possession to apply to an area of land that is crossed by a public right of way, but it is entirely different to actually claim adverse possession of that right of way. In a recent case, a squatter’s caravan had, for many years, been on the verge beside a byway which formed part of the highway. It was held that adverse possession was not possible because the occupation of the verge had amounted to an obstruction of the highway (ie a criminal offence under HA 1980). Accordingly, the squatter fell foul of the general rule that he could not rely on his own illegal conduct to establish a legal right. In short, ‘once a highway, always a highway’. As such, the case confirmed what was said in Morritt [1999] that ‘as a matter of law, an adverse possession... cannot be acquired to land over which a public right of way exists’. See R (on application of Smith) v Land Registry [2009] EWHC 328 (Admin).