The Osceola times., 1879-06-14
ssUrsSsu PAW AND HONE.
wsys sv-r - s.--.

Ways 49, 49, Rnrn.
Othees nay acquirs . right Of way
ovoe your fafm n either one of three
nodes: 1. By purchase or grant from
you; 3. By long continued use or pre-
soription 8. By actual necessity. Al
70 the 6Est method, 10 gain . permanent
right by purchase or grant. It must have
boon by . regular and complete deed,
executsd In the same way a. q deed Of
Tie land itsslf. II the bargain was only
oral. o. u Il was even In some ample
wrlttsn paper, but not In q formal deed
undee soal, Il would, even though fully
paid for, b In Law revocable-a mere
uesass, = It b called-and might be
terminated, ct the mere wiah Of the land
owner, BY notice to the other party TO
~ tt 70 longer. eing kind Of inter
ct In land, the strict law requires It TO
:, convsysd By . deed q Gray, So2; 2
Ths second mode, By prescription, re.
quires length Of time-twenty years at
least; and the way must have been used
continuously, peaceably and under q
claim Of right to do %, and mot BY your
pernission or consent. II 1t was only
vary rarely used, II It was mot peaceably
used, bat against your protest, or II used
By your tacit consent, the use would not
dpsn into . legal right, however long
continued g Gray, Al; II Gray. 148).
Ard Il used under al those conditions,
Il must have been n some regular end
un11ofn olaoe No man can gain rigUS'
By such means TO wander over your
fhzD Just where be has q mind TO or
whsEe his convenience suits him; that
would b an intolsrable burden to the
farmer 70 Pick 1851,
To gaia this right BY twenty years
~. It 4 not necessary that any one
owner shs uld have Travelled It twenty
vearA II successive owners have uni
tedly used It for that period, II would
b su0cieut, 20 fhf % length Of time IL
concsrned Il Allen, ETY. And II this
urescflpsive right Of way was gained
only By using It for some particular
pufpoee, - fer carting wood from .
wood-lot beyond, that would not au
thogise the person 10 continue to use II
ior all purposes, after the wood had been
all cut o6. and II had been covered over
Nth buildiDgs III Gray, $50; 10 Gray,
TIE third mode, BY necessity, aries
when you sell man back lot, with no
neans tor him to get to any highway
except over your remaining land. The
hw gives him right to cross your land
70 and fro; otherwise his land would be
uselen. AZ present he can't reach It by
balloon to any practicable purpose, and
thsFefore he must cross your land. 30,
u you sell Q man al your front yard,
Eetaining the hack part, and have no
wey. out except over the part sold, you
retain . right 10 crom the lot sold,
though your deed In such case says moth.
Ing about It; and this is 70, even II in
your deed you warrant the land TO be
he and clear from oil membranes "A
Gray, 297.l Ieh familiar maxim that
"pecesaity knows no law"
Bat this right Of way BY necessity
continues only 70 long as the necessity
itself continues; and II q highway is
aiterwsrd laid out touchiag the back
land on the other aide, or II the owner
attefward buyy . 10. adjoining It and
between 1t and . highway, he can NO
longer cro9 over your land ~ before,
bat must 20 out the other way IA
Gray, 1867. And, 70 long a. he does
have such right, he must 10 In such
place % you designate, II It Be q reason.
able place. II you mark out road or
way along the fencs, or on the proper
ground, be should con6ne bimself 70
that q Pick, 47s). And, II the way
hecounes miry or out Of repair, he must
keep Il In good condition II he wants to
nee II. Your duty is done whom you
allow him 70 crou; you are not Obliged
10 smooth his pathway for him, and rake
out the sticks end stones (12 Mass., 69).
But II you actually obstruct his usual
road, OF II Il becomes suddenly impasss-
be by natsral causes, be would have
right to deviate 70 the side until he has
opportunity to remove the obstructions
q Allen, 646).
ALI such rights Of way are apt to be
nuisances to the farmer, and not unfre.
queutly lead to litigation.
1t u important to know that, In what
ever mode . right of way is ACQUIRED
over your land, you have ordinarily a
nent, 10 the absence OF any stipulation
70 the CONTRARY, to erect suitable gates
o. nara at the entrance thereto from the
nishway; and II the other party leave
them open. the cattle ret In, or yours
get out, he is liable to you for the dam
s.se which ensues u B Monr., 81; %
ioM., l6l; A N. H $50; 40 Nd, S57).
From an address BY Judge Bennett,
before the Massachusetts, state board OF
agriculture. ~ VI