Where land is bounded by a river or a public highway it is a general principle that a conveyance of the land will pass half the river bed or half the soil of the highway, as the case may be. Lopes LJ said: ‘if land adjoining a highway or a river is granted, the half of the road, or the half of the river is presumed to pass, unless there is something either in the language of the deed or in the nature of the subject-matter of the grant, or in the surrounding circumstances, sufficient to rebut that presumption, and this though the measurement of the property which is granted can be satisfied without including half of the road or half of the bed of the river, and although the land is described as bounded by a river or a road, and notwithstanding that the map which is referred to in the grant does not include the half of the river or the road.’
Judges:
Lopes LJ
Citations:
(1886) LR 33 Ch D 133.
Jurisdiction:
England and Wales
Cited by:
Cited – Fortune and Others v Wiltshire Council and Another CA 20-Mar-2012
The court considered the contnuation of public rights of way against the new system of the ending of certain unrecorded rights.
Held: he appeal failed. ‘As a matter of plain language, section 67(2)(b) does not, in our judgment, require the . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 07 October 2022; Ref: scu.539756