Murphy v. Bolger
Vermont Supreme Court
60 Vt. 723 (1888)
Relevant factsFree
The Bolger brothers (defendants) built a barn whose roof extended over the property line and hung about sixteen feet above John Murphy's (plaintiff) land, without ever touching Murphy's actual soil. Murphy sued for ejectment, seeking an order requiring removal of the overhanging portion of the roof, and the trial court ruled in his favor; the Bolgers appealed.
IssueFree
Whether ownership of land includes everything below the surface and everything above the surface.