322. Highway boundaries.

322.     Highway boundaries.

Where land is bounded by a highway, or a private right of way, there are three interrelated presumptions which may apply1.

The first presumption is that the boundary is, as a general rule, a line drawn along the middle of the highway2 or private right of way3. This arises because the owners of land adjoining4 the highway or way are presumed, in the absence of any evidence to the contrary, to own the subsoil as far as the middle of the road5 and the airspace above the soil subject only to the right of passage