The Bolivar bulletin. [volume] (Bolivar, Hardeman County, Tenn.) 1865-1888, 1879-06-19
SOUTHERN Farm AND HOME.



Others may acquire right of way
over your farm in either one of three
modes: 1. By purchase or grant from
you; 2 By long-continued use or pre-
scription; 3. By actual necessity. AS
TO the first method, to cain . permanent
right by purchase or grant, it must have
been by q regular and complete deed,
executed IN the came way as q deed of
the land itself. If the bargain was only
oral, or If - was even in some simple
written paper, but not in a formal deed
undC,r seal, it would, even though fully
pS.id for, be in law TevOcsble-a mere
license, as It is called-aud might be
terminated, at the mere wish of the land
owner, by 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 e Gray, SO2; 2
Allen, 5Ts).
The second mode, BY prescription, re-
quires length of time-twenty years at
least; and the way must have been used
continuously, peaceablY and under g
claim 81 right to do so, and not by your
permission or consent. If 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 a legal right, however long
continued e Gray, AL; IL Gray, 148).
And If used under all those conditions.
1T must have been in some regular and
uniform Ol8ce. No man can gain a right
by such means to wander over your
farm just where he has q mind to OF
where bis convenience suits him; that
would be an intolerable burden to the
farU1er Is Pick 1857,
To gain this right by twenty years
use, it is not necessary that any one
owner she uld have travelled it twenty
years. If successive oWners have uni,
teddy used il for that period, it would
be sufficient, 80 far as length of time i
concerned q Allen, 277.) And if thi
oFescriptive right of way was gained
only by using it for some particular
purpose, as for carting wood from
wood-lot beyond, that would not au
thorize the person to continue to use i
Tor all purposes. after the wood had beer
all cut of, and it had been covered owe
with buildings III Gray, $50; Is Gray
The third mode, by necessity, arise
when you sell man back lot, with n
means for him to get to any highway
except over your remaining land. TIL
law gives him a right 20 cross your lant
TO and fro; otherwise his land would b
useless. At present he can't reach it b.
balloon to any practicable purpose, an
therefore he must cross your land. Sc
If you sell man all your front yard
retaining the back part, and have N
way out except over the part sold, yol
retain right to cross the lot sold
though your deed in such case says moth
ing about 1T; and this il 30, even if i
your deed you warrant the land to b
tree and clear from all membranes
Gray, 297.) 1t is a familiar maxim tina
necessity knows no law"
But this right OF way by necessit
continues only so long as the necessit
itself continues; and If highway
atterward laid out touching the bac
land on the other side, or if the owne
afterward buys lot adjoining it an,
between 1t and a highway, he can n
longer cross over your land as before
but must go out the other way Il
Gray, 1861. And, so long as he doe
have such right, he must 20 in sue
place as you designate, if it be reason
able place, If you mark out road or
way along the fence, or on the prope
ground, be should con6ne himself I
that q Pick, 478l. And, if the wa
becomes miry or out of repair, he mus
keep it in good condition if he wants t
use it. Your duty is done when 20
allow him to cross you are not oblige
to smooth his pathway for him, and rak
out the sticks end stones (12 Mass, SO
But if you actually obstruet his usut
road, or If it becomes suddenly impasss
BILE by material causes, he would have
right to deviate to the side until he his
opportunity to remove the obstruction
q Allen, 546).
All such rights of way are apt to /
nuisances to the farmer, and not unfr
quently lead to litigation.
It is important to know that, in VIVA
ever mode a right of way is acquire
over your land, you have ordinarily
right, in the absence of any stipulatiC
to the contrary, to erect suitable gat
or bars at the entrance thereto from Il
highway and if the other party lea
them open, the cattle get in, or you
get out, he is liable to you for the dan
age which ensues @ B. Monr., 81;
Iowa, ISL; A n. H, $50; As Md, 357
From an address by Judge Bennett
before the Massachusetts state board
agriculture.