http:\/\/legal-dictionary.thefreedictionary.com\/Public+highway<\/p>\n
It’s at the very bottom of the page on the link above….i pasted it below and highlighted in red.<\/p>\n
HIGHWAY. A passage or road through the country, or some parts of it, for the use of the people. 1 Bouv. Inst. n. 442. The term highway is said to be a generic name for all kinds of public ways. 6 Mod R, 255.<\/p>\n
2. Highways are universally laid out by public authority and repaired at the public expense, by direction of law. 4 Burr. Rep. 2511.<\/p>\n
3. The public have an easement over a highway, of which the owner of the land cannot deprive them<\/span><\/strong>; but the soil and freehold still remain in the owner, and he may use the land above and below consistently with the easement. He may, therefore, work a mine, sink a drain or water course, under the highway, if the easement remains unimpaired. Vide Road; Street; Way; and 4 Vin. Ab. 502; Bac. Ab. h.t.; Com. Dig. Chemin; Dane’s Ab. Index, h.t.; Egremont on Highways; Wellbeloved on Highways; Woolrych on Ways; 1 N. H. Rep. 16; 1 Conn. R. 103; 1 Pick. R. 122; 1 M’Cord’s R. 67; 2Mass. R. 127; 1 Pick. R. 122; 3 Rawle, R. 495; 15 John. R. 483; 16Mass. R. 33; 1 Shepl. R. 250; 4 Day, R. 330; 2 Bail. R. 271; 1 Yeates, Rep. 167.<\/p>\n 4. The owners of lots on opposite sides of a highway, are prima facie owners, each of one half of the highway<\/span><\/strong>, 9 Serg. & Rawle, 33; Ham. Parties, 275; Bro. Abr. Nuisance, pl. 18 and the owner may recover the possession in ejectment, and have it delivered to him, subject to the public easement.Adams on Eject. 19, 18; 2 Johns. Rep. 357; 15 Johns. Rep. 447; 6Mass. 454; 2Mass. 125.<\/p>\n 5. If the highway is impassable, the public have the right to pass over the adjacent soil; but this rule does not extend to private ways, without an express grant. Morg. Vad. Mec. 456-7; 1 Tho.Co.Lit. 275; note 1 Barton, Elem. Conv. 271; Yelv. 142, note 1.<\/p>\n Click HERE<\/a> to view the list of foundational information created by Lawyer Paul John Hansen to aid in independence from the US System. Done in free inhabitant.info, need done in pauljjhansen.com.<\/p>\n","protected":false},"excerpt":{"rendered":" http:\/\/legal-dictionary.thefreedictionary.com\/Public+highway It’s at the very bottom of the page on the link above….i pasted it below and highlighted in red. HIGHWAY. A passage or road through the country, or some parts of it, for the use of the people. 1 … Continue reading