Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1879-06-26
The farn1 aud fireside.
WAYS OVER THE FARM.

Others may acquire right of way over your
farm in either one of three modes: 1st, By
purchase or, grant from YOU I'd, BY long
continued use or prescription. Sd, By actual
necessity AS to the first method, to gain a
permanent right by purchase or grant, it must
have been by regular and complete deed, ex-
ecuted in the same way as deed OF the land
itself. If the bargain was only oral, or if it
was even in some simple written paper, but
not in formal deed under SEAL it would, even
though fully paid for, be in law revocable-a
mere license as it is called-and might be ter
minated at the mere wish of the landowner,
by notice to the other party to use it no
longer. Being kind Of interest in land, the
strict law requires it to be conveyed by a deed.
2. The second mode, by prescription, re-
quires length of time-twenty years at least;
and the way must have been used continuous
ly, peaceably, and under claim of right to do
50, and not by your permission or consent. II
it was only very rarely used, If it was not
peaceably used, but against your protest, or if
used by your tacit consent, the use would not
ripen into legal right, however long contin-
ued. And, if used under all those conditions,
it must have been in some regular and uni
form place. No man can gain right by such
means to wander over your farm just where
he has a mind to or where his convenience
suits him. That would be an intolerable bur-
den to the farmer.
To gain this right by twenty years use, it is
not necessary that any one owner should have
travelled it twenty years. If successive own
ers have unitedly used it for that period, it
would be sufficient, so far as length of time is
concerned. And if this prescriptive right of
way was gained only by using it for some par
ticular purpose, as for carting wood from a
wood-lot beyond, that would not authorize the
person to continue to use it for all purposes,
after the wood had been cut off, and it had
been covered over with buildings.
3. The third mode, by necessity, arises when
YOU sell man back lot, with no means for
him to get to any highway, except over your
remaining land. The law gives him right to
cross your land to and fro /; otherwise his land
would be useless. At present he can't reach
it by balloon to any practicable purposes, and,
therefore, he must cross your land. So, if you
sell a man all your front land, retaining the
back part sold, you retain right to cross the
lot sold, though your deed in such case says
nothing about it and this is so, even if in
your deed you warrant the land to be free and
clear from all incumbrances 1t is familiar
maxim that necessity knows no law"
But the right of way by necessity continues
only so long as the necessity itself continues !;
and if highway is afterwards laid out touch
| ing the back land on the other side, or if the
owner afterwards buys lot adjoining it and
between it and highway, he can no longer
cross over your land as before, but must 60
out the other way. And so long as he does
have such right he must 60 in such place as
you designate, if it be a reasonable place. If
you mark out road or way along the fence,
or on the poorer ground, he should confne
himself to that. And if the way becomes
miry or out of repair, he must keep it in good
condition if he wants to use it. Your duty is
done when you allow him to cross you are
not obliged to smooth his pathway for him,
and rake out the sticks and stones But if
you actually obstruct his usual road, or if it
becomes suddenly impossible by natural caus-
es, he would have right to deviate to one
side until he has opportunity to remove the
distractions.
All such rights of way are apt to be nui-
sances to the farmer, and not unfrequently
lead to litigation.
1t is important to know that, in whatever
mode right of way is acquired over your
land, you have ordinarily right, in the alb
sence of any stipulation to the contrary, to
erect suitable gates or bars at the entrances
thereto from the highway; and if the other
party leave them open, and cattle get in, or
yours get out, he is liable to you for the dam
age which ensues.