The following Property guidance note provides comprehensive and up to date legal information covering:
The ‘ad medium filum’ rule is a rebuttable presumption that an owner of land which abuts either:
a public or private highway, or
a non-tidal river or stream
also owns the soil of the adjoining highway, or the bed of the adjoining river or stream, up to its centre line. A transfer or lease of that land will therefore be presumed to include that part of the highway, river or stream without the necessity for any express mention of it.
In the case of a highway, the presumption is known as the ‘ad medium filum viae’ rule, and is based on a combination of convenience (so as to prevent disputes as to precise boundaries) and also on the supposition that each owner contributed a portion of land when the highway was formed. In the case of a river or stream, the rule is known as the ‘ad medium filum aquae’ rule, and appears to be based solely on convenience.
The presumption applies even though the land conveyed:
is marked on an accompanying plan with coloured edging which does not include the highway or river, or
is described as being ‘bounded by’ the highway or river, or
is stated (either in the body of t
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.