Q&As

Is it possible to register ownership of the subsoil beneath a public highway?

read titleRead full title
Published on LexisPSL on 19/03/2019

The following Property Q&A provides comprehensive and up to date legal information covering:

  • Is it possible to register ownership of the subsoil beneath a public highway?

Is it possible to register ownership of the subsoil beneath a public highway?

If a property boundary cannot be identified from its title, then, depending on the nature of the boundary, there are well-established legal presumptions which can be used to establish the line of the boundary. All these presumptions are capable of being rebutted.

Where land is bounded by a highway, the presumption is that the boundary is drawn down the middle of the highway. This is the usque ad medium filum rule which assumes, in the absence of anything to the contrary, that the owners of land adjoining the highway own the subsoil as far as the middle of the road (subject to the rights of passage over the surface and the rights of the highway authority).

Following on from this, is the presumption that the subsoil up to the centre of the highway will pass in a conveyance or transfer without express mention. See London and North Western Rly Co v Westminster Corpn.

These presumptions apply in

Related documents:

Popular documents