The owner of land over which ran a public highway did not lose any of his rights of ownership whether of the surface or subsoil. Any trees growing in the highway were his trees
Citations:
[1757] EngR 48, (1757) 1 Burr 133, (1757) 97 ER 231
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Hurst and Another v Hampshire County Council CA 19-Jun-1997
A Local Authority is liable for any damage to adjacent property caused by the roots of a tree growing on the verge of a public highway.
Held: Pre-adoption trees vest in the highway authority for all purposes. . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 23 November 2022; Ref: scu.342194