Arizona republican., 1894-10-10

land of the seller. He has then the right to pass over this remaining land to go to his own so long as the ncces- sity exists. If the purchaser buys some adjoining land over which he can get out to the highway, or if new road should be opened to the land, the right of way is ended, although the new way may not be so direct or con venient as the old one. It is said to be a poor rule which will not work both ways So if a landowner sells the part of his land nearest to the street and there is no means by which the seller can get out from his remaining land except over the part sold, he has a right to pass and repass for that pur- pose over the land sold, even if he has conveyed the property by deed war ranting it free from all incumbrance. Unless the extent of the right is de- fined in the deed conveying it, it must be exercised in one place and in req sonable manner.
 The owner of the right cannot go just where he pleases over the property of the owner of the land. Generally the land owner can designate where the the way shall be, and 1t need not nec- essarily be the shortest or most con- venient route If the landowner does not designate the owner of the right may select his route. but should do it in proper place, with reasonable re- gard to the interests of the owner of the land. When the right has been acquired by prescription, it must be continued in the particular place where the claim was used which has become the right by user In fact. a claim to wander at will over the prop erty of another cannot become the foundation of legal right. When the person owning the right has selected the place for his right, he cannot change it, but if it becomes suddenly impossible or if it becomes obstructed he may deviate from it, passing over adjoining land, but doing as little damage as possible. till the place is made passable or the Instructions re- moved
 The owner of the land is not bound to keep the way in repair. His duty is ended when he allows the owner of the right to pass. The owner of the right may repair it himself. and remove all obstacles to the use of the right. The owner of the land may, in the absence of any agreement to the contrary, erect suitable gates and bars at the ar tr-or of ha nd the person using the way must close them after they have passed through. If they do not they are liable for all damages done by reason of cattle es- caping from the land or cattle coming on the land from the outside.
 In the case of right gained by pre- scription if it was acquired for some 1 particular purpose, as for carting wood from a wood lot. it cannot be used against the permission of the land owner for other purposes, after the wood has been cut off, if it increases the travel over it, or the burden of the way. A right acquired for passage on foot does not carry with it right to go with team. The use of the right i is not confined to the owner of the ad- | joining land, but can generally be used, if not limited by any of the prin- ciples above stated, for ordinary ac- cess to or from the property. Such a right is not generally personal right, but passes with the estate to which the right belongs, from one owner to another.-Orange Judd Farmer