WAY. A passage, street, or road.
A right of way is 'the privilege which an individual, or a particular description of individuals, as the inhabitants of a village or the owners or occupiers of certain farms, have of going over another's ground. It is an incorporeal hereditament of a real nature, entirely different from a common highway. Cruise, Dig. tit. xxiv. s. 1.
A right to pass over another's land more or less frequently according to the nature of the use to be made of the easement, and how frequently is immaterial, provided it occurred as often as the claimant had oc casion or chose to pass. Bodfish v. Bodfish, 105 Mass. 319.
A right of way may arise: By prescription and immemorial usage, or by an uninter rupted enjoyment for twenty years under a claim of right ; Co. Litt. 113 ; Garrett v. Jackson, 20 Pa. 331; Reimer v. Stuber, 20 Pa. 458, 59 Am. Dec. 744; Sheeks v. Erwin, 130 Ind. 31, 29 N. E. 11; Coburn v. San Mateo Co., 75 Fed. 520; Bushey v. Santiff, 86 Hun 384, 33 N. Y. Supp. 473 ; Follendore
v. Thomas, 93 Ga. 300, 20 S. E. 329. By grant; as where the owner grants to an other the liberty of passing over his land ; 1 Ld.' Raym. 75; Salisbury v. Andrews, 19 Pick. (Mass.) 250 ; 7 B. & C. 257. If the grant be of a freehold right it must be by deed; 5 B. & C. 221; Foster v. Browning, 4 R. r. 47, 67 Am. Dec. 505. By necessity; as where a man purchases land accessible only over land of the vendor, or sells, re serving land accessible only over land of the vendee, he shall have a way of necessity over the land which gives access to his purchase or reservation ; 5 Taunt. 311; Wissler v. Hershey, 23 Pa. 333 ; Collins v. Prentice, 15 Conn. 39, 38 Am. Dec. 61; Bass v. Edwards, 126 Mass. 445; Mead v. Anderson, 40 Kan. 203, 19 Pac. 708 ; Barnard v. Lloyd, 85 Cal. 131, 24 Pac. 658 ; and this may exist even after the vendor has conveyed his land to a third person ; Logan v. Stogsdale, 123 Ind. 372,