New Ulm weekly review. [volume] (New Ulm, Minn.) 1878-1892, 1879-09-03
Ways Over the Farm.

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wev. lvAr ia r.r-
80 go -. 80 :
DrHHRs nav acou,ra ! RIGHT Of wav
over vour farm IN either one or three
modes: /. Bv purchase or prant from
YOU; .. Bylone.continued use or pre-
scription; s. BIZ actual necessity. As
70 the first method. to pain Derma.
nent right bys purchase or. grant. Il
must have been bv = regular end conn
5plete deed, executed in the same way
as : deed Of the land itself. IL the bar
gain was only oral. or II & was even in
some simple written paper. but not IN
. formal deed under seai. # would. even
5thouoh fullv naid for. IL in law ravn-
cable-a mere license. A Il ia calIed-
and MIGHT ia term;natod At tho moro
w;ah III the lana owner hv . notice to
the other partv tn nsa s no loncar
Being a lind az intarest in land the
strict law REQUIRES it to be conveyed nv
deed e GRAY, SOP: Q Allen. 578.)
The second mode. BY prescription.
requires LENGTH Of time-fwentv wears
It least: and the vav must have; been
used continuously. peaceably and nm.
der claim Of right TO do 90. and not BY
your permission or consent. IL Il was
only very rarely used, Il it was not
peaceably used, but against your pro-
test, or ii used by your tacitt consent,
the use would not ripen into q LEGAL
right, however long continued e GRAY.
Al; II Gray, 1881 And If used un-
der all those conditions, it must have
been in some regular, and uniform
place. No man can gain Z right bv
such means to wander over yonr fam
Just whore he has : mind to or where
his convenience suits him; that would
be an intolerable burden to the farmer
g Pick, 485.)
10 gain this right by twenty years
use, it 10 not necessary that any one
owner should have travelled it twenty
years. II successive owners have uni
teddy used 1t for that period. it would
be sufficient, 80 far as length OF time is
concerned e Allen, PITY And If this
prescriptive right Of way was gained
only by using it for some particular
purpose, Is for carting wood from .
wood-lot beyond. that would not au-
thorize the person to continue to use it
Tor all purposes, after the wood had
been all cut of, and it had been covered
over with buildings III Gray, $50; Is
Gray, S87.)
The third mode, by necessity, arises
when you sell man q 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
purpose, and therefore he must cross
your land. So, If You sell man ali
your front land, retaining the back
part, and have no way out except over
the part sold, you retain q right to
cross the lot sold. though YOUR deed in
such case says nothing about it; and
this is 30. even If in your deed YOU war
rant the land to be free and clear from
all membranes "A Gray, 297.) It is
. familiar maxim that necessity
knows no law"
But this right OF way by necessity
continues only SO long as the necessity
itself continues; and If . highway is
afterward laid out touching the back
land on the other side, or It the owner
afterward buys lot adjoining 1t and
between 1t and highway, he can no
longer cross over your land as before.
but must 60 out the other way "a
Gray, 1867 And, 20 long as he does
have such q right, he must 60 in such
place as you designate, if it be q rea-
sOnable place. II you mark out q road
or . way along the fence, or ON the
poorer ground, he should confine HIM
self to that e Pick, 478.) And, If the
way becomes miry or out of repair, he