Way

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. It is an incorporeal hereditament of a real nature, a mere easement entirely different from the public or private roads. A right of way may arise, 1, by prescription and immemorial usage; 2, by grant; 3, from necessity, when a man’s ground is enclosed and completely blocked up, so that he cannot without passing over his neighbour’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. 4 Kent, Com. 338. Lord Coke adopting the civil law says there are three kinds of ways. 1. A foot-way, called tter; 2. A fvot-way and horse-way called actus; 3. A cart-way, which contains the other two called via. Co. Litt. 56 a.; Pothier, Pandectz, lib. 8, t. 3,§1; Dig. 8, 3; 1 Bro. Civ. Law, 177; Vide Yelv. 142,n.; Ib. 164; Woodf. Landl. & Ten. 544; 4 Kent, Com. 337. Ayl. Pand. 307; Cruise’s Dig. tit. 24.