See:
access,
admission,
admittance,
avenue,
causeway,
channel,
course,
entry,
way
ROAD. A passage through the country for the use of the people. 3 Yeates,
421.
2. Roads are public or private. Public roads are laid out by public
authority, or dedicated by individuals to public use. The public have the
use of such roads, but the owner of the land over which they are made and
the owners of land bounded on the highway, have, prima facie, a fee in such
highway, ad medium filum vice, subject to the easement in favor of the
public. 1 Conn. 193; 11 Conn. 60; 2 John. 357 15 John. 447. But where the
boundary excludes the highway, it is, of course, excluded. 11 Pick. 193. See
13 Mass. 259. The proprietor of the soil, is therefore entitled to all the
fruits which grow by its side; 16 Mass. 366, 7; and to all the mineral
wealth it contains. 1 Rolle, 392, 1. 5; 4 Day, R. 328; 1 Conn'. Rep, 103; 6
Mass. R. 454; 4 Mass, R. 427; 15 Johns. Rep. 447, 583; 2 Johns. R. 357; Com.
Dig. Chimin, A 2; 6 Pet. 498; 1 Sumn. 21; 10 Pet. 25; 6 Pick. 57; 6 Mass.
454; 12 Wend. 98.
3. There are public roads, such as turnpikes and railroads, which are
constructed by public authority, or by corporations. These are kept in good
order by the respective companies to which they belong, and persons
travelling on them, with animals and vehicles, are required to pay toll. In
general these companies have only a right of passage over the land, which
remains the property, subject to the easement, of the owner at the time the
road was made or of his heirs or assigns.
4. Private roads are, such as are used for private individuals only,
and are not wanted for the public generally. Sometimes roads of this kind
are wanted for the accommodation of land otherwise enclosed and without
access to public roads. The soil of such roads belongs to the owner of the
land over which they are made.
5. Public roads are kept in repair at the public expense, and private
roads by those who use them. Vide Domain; Way. 13 Mass. 256; 1 Sumn. Rep.
21; 2 Hill. Ab. c. 7; 1 Pick. R. 122; 2 Mass. R. 127 6 Mass. R. 454; 4 Mass.
R. 427; 15 Mass. Rep. 33; 3 Rawle, R. 495; 1 N. H. Rep. 16; 1 McCord, R. 67;
1 Conn. R. 103; 2 John. R. 357; 1 John. Rep. 447; 15 John. R. 483; 4 Day,
Rep. 330; 2 Bailey, Rep. 271; 1 Burr. 133; 7 B. & Cr. 304; 11 Price R. 736;
7 Taunt. R. 39; Str. 1004. 1 Shepl. R. 250; 5 Conn. Rep. 528; 8 Pick. R.
473; Crabb, R. P. Sec. 102-104.
ROAD, mar. law. A road is defined by Lord Hale to be an open passage of the
sea, which, from the situation of the adjacent land, and its own depth and
wideness, affords a secure place for the common riding and anchoring of
vessels. Hale de Port. Mar. p. 2, c. 2. This word, however, does not appear
to have a very definite meaning. 2 Chit. Com. Law, 4, 5.