If your wall stands partly on your land and partly outside the fence, no neighbor can use it except by your permission.
Nay, more; no man has a right to stand in front of your land and insult you with abusive language without being liable to you for trespassing on your land.
He has a right to pass and repass in an orderly and becoming manner; a right to use the road, but not to abuse it.
But notwithstanding the farmer owns the soil of the road, even he cannot use it for any purpose which interferes with the use of it by the public for travel.
He cannot put his pig-pen, wagons, cart, wood or other things there, if the highway surveyor orders them away as obstructing public travel.
If he leaves such things outside his fence, and within the limits of the highway, as actually laid out, though some distance from the traveled path, and a traveller runs into them in the night and is injured, the owner is not only liable to him for private damages, but may also be indicted and fined for obstructing a public highway.
And if he has a fence or wall along the highway, he must place it all on his land, and not half on the road, as in case of division fences between neighbors.
But as he owns the soil, if the road is discontinued, or located elsewhere, the land reverts to him, and he may inclose it to the centre, and use it as part of his farm.–Judge Bennett.
For the Companion.