Way


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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, 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. Sec. 366. 3. By reservation 4. By custom. 5. By acts of the legislature. 6. 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. 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, Sec. 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; Cruise's Dig. tit. 24; 1 Taunt. R. 279; R. & M. 151; 1 Bail. R. 58; 2 Hill. Abr. c. 6; Crabb on Real Prop. Sec. 360 to 397; Bouv. Inst. Index, h.t.; Easement; Servitude.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in classic literature ?
After some delay and demur, the door grudgingly turned on its hinges a very little way, and allowed Mr.
He was a monster in all ways. Physically he was a giant.
If he met a friend, he found that the habit of a lifetime had in some mysterious way vanished-- his arm hung limp, instead of involuntarily extending the hand for a shake.
A mole throwing up its mound at the end of its burrow and making its way out at last with the long-nailed paws which looked so like elfish hands, had absorbed him one whole morning.
Each contains something in itself as an object, though not each in the same way. In presentation something is presented, in judgment something is acknowledged or rejected, in love something is loved, in hatred hated, in desire desired, and so on.
You can't think of all the subtle ways of grieving her I have.
In a way, he thought, he would be sorry to leave it.
We went across the fields, intending to skirt the woods at the back of Uncle Alec's farm and find a lane that cut through Uncle Roger's woods; but before we came to it we stumbled on a sly, winding little path quite by accident--if, indeed, there can be such a thing as accident in the woods, where I am tempted to think we are led by the Good People along such of their fairy ways as they have a mind for us to walk in.
While in various silent ways the seamen of the Pequod were evincing their observance of this ominous incident at the first mere mention of the White Whale's name to another ship, Ahab for a moment paused; it almost seemed as though he would have lowered a boat to board the stranger, had not the threatening wind forbade.
'Captain Manzanca,' and 'Dust,' and 'In God's Ways,' and 'Sigurd,' and plays like "The Glove" and "The Bankrupt." He has never, as some authors have, dwindled in my sense; when I open his page, there I find him as large, and free, and bold as ever.
And now is your spirit ashamed to be at the service of your bowels, and goeth by-ways and lying ways to escape its own shame.
Now, they differ from each other in three ways, from which, blended together, all the varieties which can be imagined arise.