The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1879-07-10
s9aasxsoa a(utelligsaeer.
Ways Over the Farm.


Others may acquire O. right OF way over
your farm in either one of three modes
lst, 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 permanent right by
purchase or grant, it must have been by
Q regular and complete deed, executed
in the same way as deed Of the land
itself. If the bargain was only oral, or
IL 1t was even in some simple written pa
per, but not in formal deed under seal,
1t would, even though fully paid for, be
in law revocable-a mere license cs it is
called-and might be terminated at the
mere wish of the landowner, by notice
10 iiIe other putty IL us0 Il 10 io56o:.
Being q kind of interest in land, the
strict law requires it to be conveyed by
deed.
2. The second mode. by prescription,
requires length of time-twenty year. q,
least; aud tho way must have been used
continuously, peaceably, and under a
claim of right to do so, and not by your
permission or consent. If it was only
very rarely used, if il was not pcarcably
used, but against your protest, or if used
by your tacit consent, the use would not
ripen into legal right, however long
continued. And, if used under all those
conditions, it mus. have been in some
regular and uniform place. No man
can gain right by such means to wan.
der over your farm just where he has
mind to or where his convenience sits
him. That would be an intolerable bur-
den to the farmer.
To gain this right by twenty years. use
1t is not necessary that any one owner
8 cid have Travelled it twenty years. If
successive owne,s have unitedly used
il for that period, it would bo sufficient
80 far rs length Of time is concerned.
And # this prescriplivve !rgh If way was
gained only by using it for some particu-
wood-lot beyond, that would not author
ize the person 10 continue to uae it for all
purposes, after the wood had been cut off
and it had been covered over with bull
dings.
g. The third mode, by necessity, arises
when you sell man n back lot, with no
means for him tr 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,
ifyou sell man all your front land re-
tanning the back part sold, you retain 3
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 membranes. It Is familiar
maxim that necessity knows no law"
But the right of way by necessity con-
tinues only SO long ne the necessity itself
continues; and if q highway is after
wards laid out touching the back land
on the other side, or If the owner after
wards buys q lot adjoining it and be-
tueen it and highway, he oan ,;;inIN :!
ger 1.f cross ,9o o1,, over ,hg your Aoas .@so rno
hfrffgpHs.'ns must 20
in such. place as you designate, if it be q
reasonable place. If you mark OFT a
road or a way along the fence, or on tine
poorer ground, he should coniinc 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 causes, he would
have right to deviate to one side until
he has opportunity to remove tho OBJ.
Btructions.
All such rights of way are apt to be
nuisances to the farmer. and not unfre-
quently lead to litigation.
1t is important to know that, in what
ever mode right of way Is acquired
over your land, you have ordinarily a
right, in the absence 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 getin, or yours get
out, re is liable to you for the damage
which eEsIIea