Legal Term: WAY,

Definition: 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 persons 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. 2 McCord, 447 5 Har. &, John. 474, Co. Litt. 113, b, Br. Chem. 2, 1 Roll. Ab. 936. 2. By grant. 3 Lev. 305, 1 Ld. Raym. 75, 17 Mass. 416, Crabb on R. P. ,366. 3. By reservation 4. By custom. 5. By acts of the legislature. 6. From necessity, when a mans ground is enclosed and completely blocked up, so that he cannot, without passing over his neighbors 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 As land passes of necessity to B, otherwise he could not derive any benefit from the acquisition. Vide 3 Rawle, 495, 2 Fairf. R. 1,56, 2 Mass. 203, 2 McCord, 448, 3 McCord, 139, 2 Pick. 577, 14 Mass. 56, 2 Hill, S. C. R. 641, and Necessity. The way is to be taken where it will be least injurious to the owner. 4 Kent, Com. 338. 4. Lord Coke, adopting the civil law, says 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. Co. Lit. 56, a, Pothier, Pandectae, lib. 8, t. 3, ,1, Dig. 8, 3, 1 Bro. Civ. Law, 177. Vide Yelv. 142, n, Id. 164, Woodf. Landl. &, Ten. 544, 4 Kent, Com. 337, Ayl. Pand. 307, Cruises Dig. tit. 24, 1 Taunt. R. 279, R. &, M. 151, 1 Bail. R. 58, 2 Hill. Abr. c. 6, Crabb on Real Prop. ,360 to 397, Bouv. Inst. Index, h. t., Easement, Servitude.

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