estates. A passage, street or road. A right of way is a privilege which an individual or a particular description of persons, such as the inhabitants of a particular place, or the owners or occupiers of such place may have, of going over another person’s ground. 2. It is an incorporeal hereditament of a real nature, a mere easement, entirely different from public or private roads. 3. A right of way may arise, 1. By prescription and immemorial usage. 3. By reservation 4. By custom. 5. By acts of the legislature. 6. From necessity, when a man’s ground is enclosed and completely blocked up, so that he cannot, without passing over his neighbor’s land, reach the public road. For example, should A grant a piece of land to B, surrounded by land belonging to A; a right of way over A’s land passes of necessity to B, otherwise he could not derive any benefit from the acquisition. The way is to be taken where it will be least injurious to the owner. There are three kinds of ways. 1. A foot-way, called iter. 2. A foot-way and horse-way, called adus. 3. A cart-way, which contains the other two, called via.
Law Dictionary – Alternative Legal Definition
A passage, path, road, or street In a technical sense, a right of passage over land. A right of way is the privilege which an individual, or a particular description of persons, as the inhabitants of a village, or the owners or occupiers of certain farms, have of going over another’s ground. It is an in-corporeal hereditament of a real nature, entirely different from a public highway. The term “way” is derived from the Saxon, and means a right of use for passengers. It may be private or public. By the term “right of way” is generally meant a private way, which is an incorporeal hereditament of that class of easements in which a particular person, or particular description of persons, have an interest and a right though another person is the owner of the fee of the land in which it is claimed. Private way. A right which a person has of passing over the land of another. In another (chiefly in New England) a private way is one laid out by the local public authorities for the accommodation of individuals. and wholly or chiefly at their expense, but not restricted to their exclusive use, being subject, like highways, to the public easement of passage. Right of way. See that title.