Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1879-01-20
RIGHTS IN THE ROAD.

If a farm deed is bounded by, on or
upon road, it usually extends to the
middle roadway. The farmer owns the
soil of half the road, and may use the
grass, trees, stones, gravel, sand or any
thing of value to him, either on the
land or beneath the surface, subject to
the superior rights of the public to trav-
ell over the road, and that of the high
way surveyor to use such materials for
the repair of the road; and these ma
terials he may cart away and use else
where on the road. No other man has
a right to feed his cattle there or cut
wood, carts, wagons, or other things
thereon. Is Met, SIC, s Allen, 473,
Pa. st. 1867 The owner of drove of
cattle which stops to feed in front of
your land, or of drove of pigs which
root up the soil, is responsible to you at
law, as much as if they did the same
things inside the fence. Nobody's chill
dren have right to pick up the apples
under your trees, although the same
stand wholly outside your fence. No
private person has a right to cut or lop
off the limbs Of your trees in order to
move his old barn or other buildings
along the highway, 4 Cush, 437,) and
no traveller can hitch his horse to your
trees in the sidewalk without being liza
BILE, if he gnaws the bark or otherwise
Injuries them (54 Me-. 400. If your
we'll stands partly outside the fence, no
neighbor can use it except by your per-
mission. Nay more, no man has right
to stand in front of your land and insult
you with abusive language without be-
ing liable to you for trespassing on your
land I'll Barb, 800. He has right
to pass and repass in an orderly and be-
coming manner; right to use the
road, and not abuse it. But notwith-
standing the farmer owns the soil of the
road, even he cannot use it for anything
which inteferes with the use of it by the
public for travel. He cannot put his
pig-pen, wagons, wood or other things
there, if the highway as actually laid
out. though some distance from the
travelled path, and traveller runs into
them in the night and is injured, the
owner is not only liable to him for pri-
vate damages Us Conn.,. 225). but may
also be indicted and fined for obstructing
a public way. And if he has a fence
or wall along the highway he must place
it on his own land, and not halt on the
road, as in case of division Gray,
215). But as he owns the soil, if the
road is discontinued, or located else
where, the land reverts to him, and he
may enclose it to the centre. and use il
as part of his farm.
The question often arises who owns
the fruit Of tree standing near the
boundary line between two proprietors
1t generally supposed that the fruit or
the limbs overhanging ones land be-
longs to him, but this is an entire mis-
take. If a tree stands wholly on your
land, although some of the roots extenc
into the soil of your neighbor, and de
rives support and nourishment from his
soil, he has no right to any of the frui
which hangs over the line I'll Conn
1T 38 Vt. los; 25 N. Y. 1867. Anc
if he attempts by force to stop you from
picking it, he is liable for an assault
and battery (46 Bast, 337; 48 N. Y
10D.
In one instance lady, while stand
ing on the fence picking cherries whicl
hung over the line, was forbidden to d
SO by the adjoining owner, who was a
work in his garden and in the scufle t
prevent her, she received some bruise
on her arm, for which he had the pleas