CHAPTER XI 



HIGHWAYS AND ROADSIDES 

 I, USE OF ROADSIDES 



In most country highways the fee of the land 

 usually remains in the adjacent owner, the only 

 right of the public being the right to its free 

 and uninterrupted use for highway purposes. 

 It follows, therefore, that, subject to this use 

 by the public, the adjacent owner has title to 

 the soil and all above or beneath it; that sand 

 and gravel banks, quarries, coal, etc., may be 

 used by him so long as public travel is not 

 hindered. No other person may remove even 

 a shovelful of earth without becoming a tres- 

 passer as much as if he took it from the garden 

 of the adjacent owner. It has been held, how- 

 ever, that the overseer of highways may remove 

 earth and gravel in the repair of the highway, 

 even though he transports it a considerable dis- 

 tance to another section of the road; though it 

 has also been decided in some states that this 

 will not be allowed. 



So, too, the timber growing along the high- 

 way, as well as all fruits, nuts and other prod- 



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