321. Hedges and ditches beside highways.

321.     Hedges and ditches beside highways.

The principles relating to hedges and ditches generally1 also apply in the rare case of hedges and ditches running along the side of a public highway where the soil of the highway is not owned by the owners of the adjoining land2. The hedge and ditch are presumed to be owned by the owner of the adjoining land, for he could only lawfully have dug the ditch in his own land3. The presumption, however, would yield to contrary evidence, for example evidence that the ditch was constructed by the owners of