Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1895-06-07
Letter from Col. HRsIxins About En-
crOachment on the Common.

Letter from Col. HRskins About En-
croRchment on the Common.
The attempt on the part of the Street
Railroad company to depart from the line
of the streets and highways within the vii
lage and project its line of railroad through
a portion of the public park or common
has led to an investigation of the history of
the common and the rights of the public
therein. May Sd, 1915, Grindall r. Ellis,
for the consideration of $500, conveyed to
Francis GOodhue, Lemuel Whitney and
Eli Sargent, a committee of the "Brattle-
boro Village Meeting House society" the
following tract of land, viz: beginning on
the west side of the road from said Brat
tleboro village to Putney, and at the north
east corner Of lands owned by James
Steen, running thence west 80 degrees, 80
minutes, north, Is rods and 20 links: thence
south 50 degrees west Il rods and 20 links :
thence west p degrees south about Il rods
and Is links to the road leading from Brat
tlebOrs village to Newfane: thence on said
road north As degrees west about Is rods to
the brow of the hill; thence easterly on
the brow of the hill to the west side of the
road leading from said Brattleboro village
TO Putney; thence southerly on the west
side of said last mentioned road about 80
rods to the place of beginning, containing
about four acres of land, be the same more
or less
As l understand it, the "Brattleboro
Village Meeting House society and the
Brattleboro East society (CongregationaD
are one and the same, except the change
of name, and that the latter succeeded to
all the rights of the former; that the first
named society had meeting house which
was located upon the common, and that
the lands conveyed as above set forth were
used for the purposes of public common;
that somewhere between 1912 and 1S45 the
society moved its meeting house from the
common to its present location on Main
street, and that since then the lands have
been entirely surrendered to the public for
a park or common, and have been held.
used and improved as such. A large sum
of money has from year TO year been sub
scribed by public-spirited persons. which
has been expended in planting trees, con-
structing walks, providing seats, keeping
it sodded in grass, moving the grass there
on, planting flowers and otherwise beauti =
flying and adjoining it. When the writer
came TO town thirty-two years ago it was
inclosed by fence, as also was the trian-
gular park, being part of the original
grant, and situated between the two car
riage roads near the southeasterly side
So far as can be ascertained no highway or
street was ever laid out and constructed
through said lands; certainly there is none
of record.
That the public has acquired an ease
ment therein for highway purposes l do
not deny. But how, and where, and to
what extent? On the southerly side of
the common, where a carriage-way has
been wrought, and on either side of the
little triangular piece adjacent to the Put
ney road, and TO the extent, in width, that
1t has been actually used, and no more. A
highway or street has been acquired there
IN by long and continuous use by the pub
lie, and by the silent acquiescence, or omis-
sion to resist such use, by those in whom
was the title, or in whom was the control
thereof. The right of the public TO use it
ioI highway purposes, therefore, stands
upon the the basis of long-continued en-
loyment; in short, upon adverse possession
for such period of time that its possess
ion has ripened into an easement. Now
there is no principle of law more familiar
than that, where a highway is thus ac-
CURED, the extent of the acquisition, the
width OF the road, must be determined by