The Milan exchange. (Milan, Gibson County, Tenn.) 1874-1978, 1879-06-12
SOUTHERN FARM AND HOME.
Ways Over the Pnrm,


over your farm in either one of three
modes: /. By purchase or grant IRON
you; 2 BY long continued use or pre-
scription; 8. BY actual necessity. As
to the first method, to gain permanent
right by purchase or grant it must have
been By regular aud complete deed,
executed in the same way as 8 deed OF
the land itself. Il 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
terminated, st the mere wish of the land
owner, by a notice TO the other party to
use it no longer. eing kind OF inter-
est in land, the strict law requires it to
be conveyed by deed q Gray, 3O2; 2
Allen, 57s).
The second mode, by prescription, re-
guires length OF time-twenty years at
least; and the way must have been used
continuously, peaceably and under q
claim of right to do so, and not by your
permission or consent. If it was only
very rare y used, if it was not peaceably
used, but against your protest, or If used
by your tscit consent, the use would not
ripen into a legal right, however long
continued g Gray, AL; l Gray, 148).
And If used under Sll those conditions,
it must have been in some regular and
uniform ulace. No man can gain right
by such means to wander over your
farm Just where he has q mind to or
where his convenience suits him; thst
would be an intolerable burden to the
farmer Is Pick 1857,
To gain this right By twenty years
use, it is not necessary that any one
owner should have Travelled it twenty
years. If successive owners have uni
tedly used it for that period, it would
be sufficient, so far as length of time Is
concerned q Allen, 277.) And if this
prescriptive right of way was gained
only by using it for some particular
purpose, as for csrting wood from
wood-lot beyond, that would not su
thorize the person to continue to use it
for all purposes. after the wood had been
81 cut of, and it had been covered over
with buildings III Gray, $50; Is Gray,
3S7.)
The third mode, by necessity, arises
when you sell man a back lot, with no
means Tor 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 all your front YARD,
retaining the back part, and have no
way out except over the part sold, you
retain right 10 cross the lot sold,
though your deed in such case says moth
ing shout it; and this is so, even If in
your deed you warrant the land to be
tree and clear from all membranes a
Gray, 297.) 1t is a familiar maxim that
necessity knows no law"
But this right OF way by necessity
continues only SO long Is the necessity
itself continues; and ii a highway is
s1terward laid out touching the back
land on the other side, or if the owner
stterward buys lot adjoining it ana
between it and a highway, he can no
longer cross over your land as before,
but must go out the other way IA
Gray, 1863. And, so long as he does
have such right, be must 90 in such
place as you designate, if it be reason
sble place. If you mark out road or a
way along the fence, or On the proper
ground, he should confne himself to
that q Pick, 47S). 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 end stones IL Mass, 69).
But il you actually obstruct his usual
road, or if it becomes suddenly impassa-
bic by natural causes, he would have
night to deviate to the side until he has
opportunity to remove the Instructions
e Allen, 546).
All such rights of way are apt to oe
nuisances to the farmer, and not untre-
gueutly lead to litigation.
1t is important to know that, in what
ever mode right of way is acquired
over your land, you have ordinarily
rlght, in the absence of any stipulation
to the contrary, to erect suitable gates
or bars at the entrance thereto from the
highway; snd if the other party leave
them open, the cattle get in, or yours
get out, he is liable to you for the dam
age which ensues g B. Monr., o. %
Iowa, l61; A n. II $50; IS Nd, $50.
i From an address by Judge Bennett,
before the Massachusetts state board Of
agriculture