The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1880-01-10
OTTAWA FREE TRADER; SATURDAY, JANUARY 10, 1885,
st riot law requires 1t to he conveyed by deed
u Gray 3O2. . Allen 51S)'

st riot law requires ii 10 he conveyed by deed
I(2 Gray, 3O2; 2 Allen, 57S)
The second mode, DO prescription, requires
length OF time twenty years AT least; and The
way must have been used continuously, peacea.
bly, and under claim of right to do so, and
not by your permission or consent Ii 1t was
only very rarely used, If it was not pcaceably
used, but against your protest or il used by
your tacit consent, the use would not ripen
into legal right, however long continued g
Gray, Al; ii Gray, l4S) And II used under
all those conditions, il must have been in some
regular and uniform place. No man can gain
Il right by such means to wander over vOur
farm just where he has mind to or where ms
convenience SUITS HIM; that would be an in
toIerabs burden to the farmer q Pick, tSJ)
To gain this right by twenty years use, il is
necessary that any one owner should have
travelled it twenty years. II successive owners
have unitedy used it for that period, it would
be sufficient, SO far as length of time is con-
cerned e Allen, 21). And if this prescrlptve
right of way was gained only by using it for
some particular purpose, rs for carting wood
from wood.lot beyond, that would not au-
thOriZe the person to continue TO use 1t for all
purposes, after the wood haG been all cut oil,
and it been covered over with buildings Qt
Gray, $50; - Gray, $50.
The third mode, by necessity, arises when
ybu SUI u hhH u buCh lOl, WIFI no lIltdio lOT
HIM 10 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. Al present he can't
reach il by balloon to any practicable purpose,
and therefore he must cross your land. So, If
you sell man all your front land, retaining
the back part, and have no way out except
over the part sold, you retain u 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 tree and
clear from all membranes "a Gray, 297) 1t
is familiar maxim that necessity knows no
law"
But this right of way by necessity continues
only 80 long as the necessity itself continues;
and if ahighway Is aiterward land out touch
ing the back land on the other slde or If the
owner atterward buys lot adjoining it and
between 1t and a highway, he can no longer
cross over your land AS before, but must 90 out
the other way IA Gray, 1865 And, so long as
he does have such right, he must go in such
place rs you designate If it be u reasonable
place. IT, you mark out road or a way along
the fence, or on the poorer ground, he should
contine himself to that e Pick. 47S), And, if
the way becomes mlry or out of repair he
must keep 1t in good condition if he wants to
use 1t. Your duty Is done when you allow
him to cross; you are not obliged to smooth
his pathway tor him, and rake out the sticks
and stones az Mass 3d. But if you actually
obstruct his usual road, or if it becomes sud
denly impossible by natural causes he would
have Il right TO devatc to the side until he has
opportunity to remove the distractions e Al
len, $40.
All such rights of way are apt to be NUS. |
ances to the farmer, and not unlequently lead
to litigation.
1t is important to know that, in whatever
mode right Of way is acquired over your
land, you have ordinarily a right in the alb |
sence of any stipulation to the contrary, to
erect suitable gates or bars at the entrance
thereto from the highway; and 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 @ b. Monr 81 % Iowa,
l6l; II n. H. 539; A. Md. 35O-From an at |
dress By Judge Bennett 6Jore tie Massachusetts
State Board Of Agr3culture.