Though the right of the soil in a public highway belongs to the owner of the adjoining closes (when no other proprietor appears) usque ad filum viae ; this is only a presumption of law in his favour, when the original dedication of the road cannot be shewn by positive evidence And if there are circumstances in the case which bring this presumption of property in question, the plaintiff, who claims such road in an action of trespass, must give some other evidence of property beyond the mere presumption of law.
Citations:
[1816] EngR 82, (1816) Holt 463, (1816) 171 ER 306
Links:
Jurisdiction:
England and Wales
Land
Updated: 14 November 2022; Ref: scu.333775