The Weekly Kansas chief. [volume] (Troy, Kan.) 1872-1918, 1876-03-09
fer the farmer.
THE LAW OF ROADS AND ROUNDA-
RIES.


From an Address delivered by Simon E Baldwin Law
Professor Of Yale College the Annual Meeting al '
Connecticut Board Of a griculture.l
1t is a common mistake, to suppnsc thai 70" :,
own the soil of our roads. They simply hH ,h Tn
right of way, and the power 10 remove r", Of
OF from any part of the road for the ~. ~ the
repairs or improvements; bHt the ,.;tI tI,e
soil and all that grows therenn rennI,i:n I'll On
adjoining prOprietors. Deeds bonnu ~ III
highway, give title to centre Oh ' IL -
IT. - ~ r. &c. 81 Ice discontinued, inme-
diateIy regains th,, use of the SOL: an iiuiNi"-
al has no right to move soil on j i's
by order of the seectmen OF oIi'Ti =:
Road making was not oIiGihaiS inNesieu IN
toD,ns This mower is given by statute. The
Tow has a rigbt 70 cut and remove trees, shade
~ thar,,isa Growing alOng the highway, for
the purpose of use, III repair oi road; Inc Town
also has a right TO grade the road where and to
,Lot extent il pleases. A case was cited whe re
n town cut down a hill in front of mans resi-
deuce so deep that the owner was Obliged to put
ND stairway to reach his house. An individual
willfulIy or negligentIy leaving obstruction
in the highway, and damage arising therefrom.
is liable for the damage. II a man habitually
keeps his chOpping block aud AK in the road and
a traveller cuts his foot by the ak, the owner of
the ak is liable Towns are holden for dama0e
arising from an accidental obstruction, if not
removed or repaired in a reasonable time
Fifteen years possession of land by an indiyid-
ual, 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 n
much longer period to secure title The reason
is, individuals do not look out for public inter
ests as closely as for their own and therefore
the law makes this allowance in favor of public
property. Fifteen years indusputed use of n
private way across your neighbours land to get
to your own, gives you right TO the use of such
way. You need cross but two or three times in
year to gain the right. When an individual
buys land bounded on all sides by the property
nj 10 -rrar-a I :
necessary right of way" to get to his own land
When land is sold, rights of way, if there be any,
should be expressly mentioned in the deed.
1t is estimated that the cost of fences upon an
average New England farm is equal to One-fOurth
OF IT'S value. A farmer is liable for the damages
arising from the unsafe and dangerous condition
OF his fences and gates along the roadside. A |
farmers Stacking gate shaken by child, fell |
anG broke the child's leg. A suit for damages |
followed, and the owner of the gate was obliged |
TO pay. A man has no right to remove his fence |
ana leave ditch or dangerous hole for travel |
ers 10 stumble into at night. The conditions of /
lawful fence are expressed by statute. An or
binary fence is the common fence of the country
and is such as will restrain orderly cattle I'm |
ruly animals, such as cannot be restrained by an |
ordinary fence, breaking in and destroying crops,
the owner is liable for their damage. Tie line
OF boundary in a board fence is between the
boards and post; in a rail fence the centre
OF the post; in stone wall, if not more
than three feet in width at the base the extra
width must be on the side of the man building
the fence. Bounds upon a brook take the CEN
ire 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
Dis land IN such way as to interfere with the
accustomed use OF water by the neighbors below
The title to land goes downward to the centre
oil the earth and upward to the Heavens. If
your title is good, you own the SOIL and every
tblng beneath it and above it. Your neiphbor |
may build up to your division line, bnt if the
caves OF his house overhang your land so that
the water drips upon it, you may saw them off
II you choose. But if yOu allow it to go on with
out remonstrance for fifteen years, he ACQUIRES
tue right TO discharge his roof water upon YOUR
land forever after. You may not dig upon your
1wn land so near your neighbours house as to en-
hanger Its foundations, unless You wall up or
otherwise make safe, in which case you NAV dig |
'quare up. The whole of tree and its fruit be- |
ongs 10 the person IN whose soil are the roots | ,
4 the branches of your neighbours tree overhang
Tour land, you may cut them off, but YOU can |
lot use them for fuel, or take the fruit if any i
alls on your land. /
In describing a line, if a deed says due east I
rom certain point $50 rods, to a stake and |
tone, and subsequent measurement makes the i
Instance but 100 rods, still the stake and stone I
emain the bound" The principle being that |
neasurements may err, but known and fixed |
measurements remain and are to be considered |
s authority.
Ii man digs well upon his own land, and | l
hus drains away the water from his neighbours | /:
Tell, lying at higher level, tho latter has no
edress, as the law does not take cOgnizance of
Underground water courses and a man has n
lSht to dig where he will, and as deep as lie '
leases upon his own soil. 4