The Opelousas courier., 1894-11-17
FARM AND GARDEN.
THE RIGHT or WAy

ovsr the land of another, this riobt l.
called a right of way. There ara thraa
nmesnoos 6y which this right can be ac.
CURED; First, by purchase or iesi
s.an' rom the owner CT the and
ae: . ey ione,eontinued use Or nra.
.;peion' Third, by necessity. To oh.
sain a permanent right of wav hr TO-
nrst method, there must be a cnmn,a.s
oeeo or 1t, with all the forma,;s;s- 80
4uireo l the deed of the land ;tsa1f
~ is such an interest in Tia 1aaa :.
.he IA" requires to be by a deed. Il
ne was an oral ope, - sven
- "rAelng, ii not in the form of a decd
IL would not hold, ftshould he ora ntad
uhaer seal ard acknowledged in those
s'aees WHERE the law requires q daad
~ ee sealed and acknowledged,
a right of way is acquired nv
scription by an adverse use III. %
!aars' IN some states Is a u. some
o.her period is the time needed. ~
ADVERSE use is meant a use under =
,alm OF right. If used by consent OF
the owner Of the land it viii not he
eulheient. 1t Il person allows
another to pass over his land as !,
.aVor' this permission will never r;nan
INTO legal right which the owner u
'he ianu cannot put an end to, The
way must have been used Ia AN onerh
p~eaceaole manner and continuous,ll.
uurlng all these years. Its Use must
nave oeen an uninterrupted one, but
not necessarily he the sam o person. It
Is sunlclent If by the owner of the e..
ta'e' Tor which .ne right is claimed,
continued from seller to haysr or
from ancestor to heir.
WAen the right IS once acou;red it
continues TO belong to the estate in
saTor OF which it exists, and is called
q" easement In the land of the other.
a way by necessity arises when d land
owner sells off the back part of his lot
anu 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
flght to pass over this remaining land
to &c to his W SD long as the neces-
sity exists If the purchaser buvs
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
a poor rule which will not work both
ways, So If a landowner sells the rA.t
OF his land nearest to the street and
there is no e by which the seller
a 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 a rea-
sonable manner.
The owner of the right cannot go
just where he pleases yer 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 shor d 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 illegal 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 distractions 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
owne of the land may, in the absence
OF duy dSTCculCub " Inc cout1diys
erect suitable gates and bars at the
en- francs 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 fer 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 a right gained by pre-
scription if it was acquired for some
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 a right to
20 with a team. The use of the right
is not confined to the owner of the adj
Joining land, but car 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.-urange Judd Farmer.
THE BROKEN PiTCHFORk.