The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1876-03-23
The Law OF streets, Roads ard SCUM


The Law OF Streets, Roads aHd sOun-
-Ar e..
II an address 10y SIMON Z. Baldwin, law
professor III Yale, we find the following
clear, simple statement of legal rights and
facts which every citizen of the town and
county should thoroughly comprehend.
The children at the fireside should be taught
the everyday truths so clearly stated by Mr..
Baldwin, VIII" says:
Il is a common mistake to suppose that
towns own the sol! of vnr roads. They simply
have right-of way and the power to remove
earth To OF from any part of The road for the
purpose OF rep&lrs or improvement; but
the title to the soil and all that grows there
on remains with the adjoining proprietors.
Deeds bounding land on highway give
title to the center of the road.-A land
holder owning both sides of the rnad owns
the road, ANA II the road be discontinued
Immediately regains the use of the soil. An
individual hss no right to move soil on u
highway except by order of the selectmen
or other two agents. Road making was not
originally invested in towns. This power
is given 10y statute. The town has "A right
to cut and remove trees, shade or otherwise
growing along the highway, for the purpose
of use in repair of roads. The town also
has right TO grade the road where and to
what extent 1t pleases. A case was cited
where a town cut down a hill in front of a
mans premises so deep that the owner was.
obliged to put up a stairway To reach his
house. An individual willfully or negl-
gently leavin an obstruction in the high
way, and damage arising therefrom, is liable
for the damage. If man habituslly keeps
his choppipg block and ak in the road
and Traveller cuts his foot by the ak the
owner of the AK is liable. Towns are holden
for damages arising from an accidental OBJ
structlon II not removed or repaired in re-
sonable time.
Fifteen years possession of land by an in
dividual usually gives him title but this
does not hold true of land in the highway :;
inclosure and possession must be continuous
in this case for much longer period to Sc
cure title. The reason is, individuals do
not look ont for public interests as closely
as for their own, and therefore the law
makes this allowance in favor Of public
property. Fifteen years undisputed use of
Il private way across your neighbor's land
to get to your own, gives you a right to the
use of such way. You need cross but two
or three times in a year to gain the right.
When an individual buys land bounded 'on
all sides by the PROPERTY OF others, the law
gives him what is called a 'hiecessary right
of-way" to get to his own land When land
is sold Iights-of- way, if there be any, should
be expressly mentioned in the deed,
1t is estimated that the cost Of fences up
on an average New England farmis equal
to one-fourh of its value. A farmer is liable
Tor the damages arising from the unsafe and
dangerous condition of his fences and gates
along the roadside. A farmers shackling
gate shaken by a child fell and broke the
chlld's leg. A suit for damagesfo followed anu
the owner OF the gate was obliged to pay.
man has no right to remove his fence and
leave ditch or dangerous hole fortravelers
to stumble into at night. The conditions
of lawful fence are expressed by statute.
An ordinary fence is the common fence of
the country, and is such as will restrain Or
derly cattle. Unruly animals, such as can
not be restrained by an ordinary fence,
breaking III and destroying crops, the owner
is liable for their damage. The line of
boundary in board fence is between the
boards and post; In a rail fence the center
of the post; in "a stone wall, if not more
than three width at the base, the extra
width must be on the soil of the man build
ing the fence. Bounds upon brook take
the center of the stream; upon a natural
| pond to the water; upon an artificial pond
the line goes in the middle or over the bed
of the old stream. A man may not divert a
stream flowing through his land in such a
way as to interfere with the accustomed use
of water by the neighbors below. is1 a..'
The title to land goes downward to the
center of the earth and upward to the
heavens. If your title is good you own the
soil and everything beneath it and above it.
| Your neighbor may build up to your dIvi-
sion line, but if the caves of his house over
hang your land so that the water drips upon
it you may saw them off if you choose. But
if you allow it to go on without remon-
STRANGE for fifteen years, he acquires the right
to discharge his roof water upon your land
forever after. You may not dig upon your
own land so near your neighbours house as to
endanger its foundation unless you wall up
or otherwise make safe, in which case you
may dig square up. The whole of a tree
and its fruit belongs to the person in whose
soil are the roots. If the branches of your
neighbours tree overhsDg your land you may
cut them off, but you cannot use them for
fuel or take the fruit if any falls s-upon your
| land.
In describing a line, if deed says due
east from certain point $50 rods, to a
stake and stone, and a subsequent measure
ment makes the distance but 100 rods, still
the stake and stoue remain the ''bound. :"
The principle being that the measurements
remain and are TO be considered S author
ity.
If man digs a well upon his own land
and thus drains away the water from his
neighbor's well, lying at higher level, the
latter has no redress, AS the law does not
take cognizance of underground water
courses, and a man has right to dig where
he will and as deep as he pleases upon his
| own soil