The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1894-10-12
FARM AND GARDEN.
THE RIGHT OF WAY.
"a Interesting subject Discussed By -
Intelligent Lawyer.

1
Intelligent Lawyer.
When one person has a right TO pas.
over the land OF another. tnis right 4,
called right of way. There are three
methods by which this right can be &C
CURED: First. by purchase or land
grant from the owner OF the land,
seconc. by long-continued use or pre
scription; Third, by necessity To oh.
tain a permanent right Of way by the
first method. there must be a com pleta
deed OF IL. with all the formalities re.
quired in the deed OF the land itself.
IL Is such an interest in the land rs
The law requires 10 be by deed II
the bargain was an oral one. or even
In writing. IL not in the form OF deed.
II would not hold. II should he granted
under seal and acknow lodged in those
states where the law requires u deed
70 be sealed and acknow lodged.
right OF way Is acquired by pro.
scription by an adverse use for 90
years In some states Is years or some
other period is the time needed By
adverse use is meant q use under q
claim Of right II used by consent Of
the owner Of the land IL will not he
sufficient. IL one person allows
another TO pass over his land as q
favor. this per mission will never ripen
into legal right which the owner OF
the land cannot put an end TO The
way must have been used in an open.
peaceable manner and continuously
during all these years. Its use must
have been an uninterrupted one. but
not necessarily by the same person. II
Is sufficient IL by the owner Of the es.
tate. for which the right is claimed.
continued from seller TO buyer. or
from ancestor 10 heir
When the right is once acquired II
continues TO belong to the estate IL
favor Of which il exists. and is called
an easement IN the land of the other
a way by necessity arises when q land.
owner sells of the back part Of his LOT
and there Is no legal way by which the
purchaser can get onto his purchase
except by passing over the remaining
land Of the seller. lie has then the
right To pass over this remaining land
To go To his own SO long as the neces-
some adjoining land over which he can
get out 10 the highway. or IL . 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 rs the old one Ii is said to be
a poor rule which will not work both
ways So IL q landowner sells the part
OF his land nearest 10 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 q
right 70 pass and repass for tina. pur-
pose over the land sold. even il he has
conveyed the property by deed war
ranting il free frorn all incumbrancc.
Unless the extent OF the right is de
fined in the deed conveying il. il must
be exercised in one place and in q rea-
sonable manner.
The owner of the right cannot &c
inst 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 il need not neo-
essarily bc the shortest or most con-
venient route. II the landowner doe.
not designate the owner OF the righ i
may select his route. bat should do il
In proper place. with REASONABLE re,
gard 10 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. q
claim TO wander at will over the prop
erty OF another cannot become the
of legal right. When the
person owning the right has selected
the place for his right. ne cannot
change 1t. but IL il becomes suddenly |
impossible or il 1t becomes INSTRUCTED |
he may deviats from il, passing over
adjoining land. but doing a. little
damage as possible, till the place IL
made passable or the Instructions 70
moved
The owner Of tho land is not bouno
to keep the way in repair. His duty il
ended when he allows the owner Of the
right to pass The owner of the right
may repair it himself. and remove all
TO the use OF the right The
owner of the land may. in the absence
u any agreement to the contrary,
erect suitable gates and bars at the
m trance of the way. and IL so erected
he person using the way must close
hem after they have passed through
II they do not they are liable for all
damages done by reason OF cattle es-
'aping from the land or cattle coming
IN the land from the outside.
In the case Of a right gained by pro
cription il it was acquired for some
particular purpose. rs for carting wood
rom a wood lot, 10 cannot be used
gainst the permission OF the land
'wner for other purposes. after the
wood has been cut of. IL ii increases
he travel over il. or the burden OF the
way. A right acquired for passage on
DOT does no. carry with it right to
o with team. The use of the right
} not confined to the owner of the ad-
Dining land. but can generally be
sed. IL not limited by any OF the prin-
iples above stated for ordinary ac-
ess to or from the property. Such .
CHIT is NOT generally personal right.
-. passes with the estate TO which
ne right belongs. from one owner &c
mother. Orange Judd Farmer
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