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 classic literature ?
This is a dreary view, and they there fore seek ways of escaping from it.
We may end our preliminary catalogue with BELIEF, by which I mean that way of being conscious which may be either true or false.
Making his way through the tainted crowd, dispersed up and down this hideous scene of action, with the skill of a man accustomed to make his way quietly, the messenger found out the door he sought, and handed in his letter through a trap in it.
After some delay and demur, the door grudgingly turned on its hinges a very little way, and allowed Mr.
He proceeded casually on his way until abreast of me, and then, without warning and with incredible swiftness, he smote me a buffet on the head.
The tremendous catastrophe which had befallen Tom had changed his moral landscape in much the same way. Some of his low places he found lifted to ideals, some of his ideas had sunk to the valleys, and lay there with the sackcloth and ashes of pumice stone and sulphur on their ruined heads.
As I wandered about the plaza lost in my gloomy forebodings Tars Tarkas approached me on his way from the audience chamber.
And touching this matter of outward show, they are both very lordly, and neither of them likes it to be referred to, but they endure in different ways. For David says 'Oh, bother!' and even at times hits out, but Porthos droops his tail and lets them have their say.
>From the first he was aware of a certain difference in himself and his ways. The careless glance of a lounger on the pavement of Pall Mall filled him with a sudden anger.
'Tis well I'm wise to your insidyous, snugglin', heart-stealin' ways. I'll have ye know my heart's impervious.
When we can really feel its wild heart beating against ours its subtle life will steal into our veins and make us its own for ever, so that no matter where we go or how wide we wander in the noisy ways of cities or over the lone ways of the sea, we shall yet be drawn back to the forest to find our most enduring kinship."
"It is always having your own way that has made you so queer," Mary went on, thinking aloud.