The Republican. [volume] (Oakland, Md.) 1877-current, 1894-10-11
FARM AND GARDEN.
THE RIGHT OF WAY.
an Interesting Subject Discussed By an
Intelligent Lawyer.


over the land of another, this right is
called right of way. There are three
methods by which this right can be &C
quired: First, by purchase or land
grant from the owner of the land;
Second, by long-continued use or pre-
scription; Third, by necessity. To OBJ
tain permanent right of way by the
first method, there must be a complete
deed of It, with all the formalities re-
uuired in the deed of the land itself.
1t is such an interest in the land as
the law requires to be by deed. If
the bargain was an oral one, or even
in writing, if not in the form of deed,
it would not hold. 1t should be granted
under seal and acknowledged i'll those
states where the law requires deed
to be sealed and acknowledged.
A right of way is acquired by pre-
scription by an adverse use for 20
years. In some states Is years or some
other period is the time needed By
adverse use is meant use under
claim of right. If used by consent of
the owner of the land it will not be
sufficient. If one person allows
|
favor this permission will never ripen
into a legal right which the owner of
the land cannot put an end to, The
| way must have been used in an open y,
peaceable manner and continuously
during all these years. It's use must
have been an uninterrupted one, but
not necessarily by the same person. 1t
is sufficient if by the owner of the es-
tate, for which the right is claimed,
continued from seller to buyer, or
from ancestor to heir.
When the right is once acquired II
continues to belong to the estate in
favor of which it exists, and is called
EN- easement IN the land of the other.
A way by necessity arises when a land
owner sells off 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 He has then tho
right to pass over this remaining land
to go to his own so long as the neces-
Bity exists. If the purchaser buys
some adjoining land over which he can
get out to the highway, or if a new
road should be opened to the land, the
right of way is ended, altho ugh the
new way may not be so direct or con-
renient as the old one. 1t is said to be
poor rule which will not work both
| ways SO if landowner sells the part
of his land nearest to the street and
there is no means by which the seller
san get out from his remaining land
| except over the part sold. he has
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 tho right is de-
fined in the deed convey ? it, it must
be exercised in one place ID in rea-
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 it need not nee
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
founda ton Of illegal right When the
| o,-nincr Tho rirrht ca1aotoI
the place for his right, he cannot
change it, but if it becomes suddenly
impossible or if it becomes DISTRACTED
he may deviate from it, passing over
adjoining land, but doing as little
damage as possible, till the place is
made pas sable or the Instructions re.
moved.
| TIE 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
entrance of the way, and if SO erected
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-
Gaping 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
particular purpose, as for carting wood
from 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
is not confined to the owner of the adj
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
snothor.-Urange Judd Farmer
The Best Feed for Cows.
Grass or hay fed to cows in milk
cannot return its full manurial value
to the soil as part is used up in pro-