Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1894-10-11
FARM AND GARDEN.
The RIGHT OF WAY.
An Interesting Subject Discussed by a
1 Intelligent Lawyer.


When one person has a right to pass
over the land of another, this right is
called right of way. There are three
methods by which this right can be ac-
-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 a permanent right of way by the
first method, there must be a complete
deed of it, with all the formaIities re-
equired 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 a deed,
it would not hold. 1t should be granted
under seal and acknowledged in those
states where the law requires a deed
to be sealed and acknowledged.
right of way is acquired by pre-
;scrlption 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 a use under a
claim of right. If used by consent of
the owner of the land it will not be
sufficient If one person allows
another to pass over his land as a
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,
peaceab1e manner and continuously
during all these years. Its 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 it
continues to belong to the estate in
favor of which it exists, and is called
an 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 the
right to pass over this remaining land
to go to his own so long as the neces-
:sity 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, although the
new way may not be SO direct or con-
venient as the old one. It is said to be
poor rule which will not work both
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 a 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 rea-
.Sonable manner.
The owner of the right cannot go
Just where he p1eases 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
.essari1y be the shortest or most con-
venient route. If the landowner does
not designate the owner of the ri ut
may select his route, but should do it
in a 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 a 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 INSTRUCTED
he may deviate from it, passing over
adjoining land, but doing as little
damage as possible, till the place i:
made passable or the distractions re
moved.
The owner of the land is not bound
to keep the way in repair. His duty il
ended whGn he allows the owner of the
right to pass. The owner of the RICH
may repair it himself, and remove al
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 tn
entrance of the way, and if so erected
the person using the way must clos'
them after they have passed through
If they do not they are liable for al
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-
ascription if it was acquired for SOM
particular purpose, as for carting woo'
from a wood lot, it cannot be uset
against the permission of the land
owner for other purposes, after tn
wood has been cut off. if it increase
the travel over it. or the burden of tn
way. A right acquired for passage OIL