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.

References in periodicals archive ?
Once a day, a truly deserving athlete may fall by the wayside for the want of it."
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As with anything else, setting up a green home office can initially be met with enthusiasm, then fall by the wayside. Getting support and help from those you live and work with is incredibly helpful.
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INVESTMENT is needed in Rhos-on-Sea to ensure the village does not fall by the wayside as millions are invested in Colwyn Bay.
Today, their only 'crime' is due to a serious lack of government funding year after year, causing valuable nursing posts to fall by the wayside, and those staff hanging on in, having to work with outdated equipment.and unprecedented staffing levels.
Only 21 of the 32 seeds had made it through to this stage last year, while a further 10 were to fall by the wayside in trying to reach round three.
Partick Thistle were first to fall by the wayside when they heard his wage demands.