WAY, VIA - Steven J. Coker
Subject: WAY, VIA
From: Steven J. Coker
Date: December 05, 1998

Extracted From:

ACTUS. A foot way and horse way.

ITER. A foot way.

VIA. A cart-way, which also includes a foot-way and a horse-way.

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. 

  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, 

    a. By prescription and immemorial usage....
    b. By grant....
    c. By reservation 
    d. By custom. 
    e. By acts of the legislature. 
    f. 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....

  4. Lord Coke, adopting the civil law, says there are three kinds of ways. 

    a. A foot-way, called iter. 
    b. A foot-way and horse-way, called actus. 
    c. A cartway, which contains the other two, called via....

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