References: (1863) 14 CB (NS) 398, 2 New Rep 30, 143 ER 500, [1863] EngR 422, (1863) 14 CB NS 398, (1863) 143 ER 500
Links: Commonlii
A green lane leading to land went between plots owned by the owner and by his neighbour. There was no evidence as to the ownership of the land. The jury were informed that they could assume that the plots on either side owned a moiety of the land, and the plot served by the path owned only an easement.
This case cites:
- Applied – Holmes -v- Bellingham ([1859] EngR 769, Commonlii, (1859) 7 CBNS 329, (1859) 144 ER 843)
In the lower court, the judge had directed the jury that there was a presumption, in the case of a private way or occupation road between two properties, that the soil of the road belongs usque ad medium filum viae to the owners of the adjoining . .
This case is cited by:
- Cited – Paton and Another -v- Todd ChD (Bailii, [2012] EWHC 1248 (Ch))
The claimants sought leave to appeal against rejection of their request made to the Deputy Adjudicator for the rectification of the title to land they claimed title to, but which was registered to the respondent neighbour.
Held: The claimant’s . .