The court set out the presumption ad medium filum as follows: ‘Where a piece of land which adjoins a highway is conveyed by general words, the presumption of law, is that the soil of the highway usque ad medium filum passes by the conveyance, even though reference is made to a plan annexed, the measurement and colouring of which would exclude it.’
Citations:
(1861) 30 LJCP 218, (1861) 25 JP 695, (1861) 7 Jur NS 876, (1861) 142 ER 507, [1861] EngR 272, (1861) 10 CB NS 400
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Commission for New Towns and Another v JJ Gallagher Ltd ChD 16-Dec-2002
Where a conveyance did not expressly include an adjoining road, there was no statutory presumption which would lead to its inclusion.
Held: The section referred to incorporeal rights, easements and similar, and not to land itself. The Act did . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 28 April 2022; Ref: scu.180970