Way

In a popular sense, signifies a place appointed for persons to pass over; but in a legal sense it seems to be not the strip of land, but the easement or right of passing. It is a privilege or right of passage or travel over the land of another. Way is a passage, street, or road; and a right of way is the privilege which an individual, or a particular description of individuals, as the inhabitants of a village or the owners or occupiers of certain farms, have of going over another's ground.

Bouvier.

Ways are of four principal varieties: iter, i.e. a footway; actus, i.e. a horse and foot way, called also a paekway; via, i.e. a cartway (including foot and horse way); and a driftway, i.e. a way for driving cattle. Ways are either public or private, the former being open to all the king's subjects, the latter being open to the inhabitants of a particular parish, village, or house only; a public way is also commonly called a highway. Brown. 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.

Wild V. Deig, 43 Ind. 455.