Berridge v Ward: 1861

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.’
References: (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: Commonlii
Jurisdiction: England and Wales
This case is 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 . .
    ([2002] EWHC 2668 (Ch), , [2003] 2 P and CR 24)

These lists may be incomplete.
Last Update: 27 November 2020; Ref: scu.180970