The right of passage or of way is a servitude imposed by law or by convention, and by virtue of which one has a right to pass on foot, or horseback, or in a vehicle, to drive beasts of burden or carts, through the estate of another. When this servitude results from the law, the exercise of it is confined to the wants of the person who has it. When it is the result of a contract, its extent and the mode of using it is regulated by the contract. Civ. Code La. art. 722. “Bight of way,” in its strict meaning, is the right of passage over another man’s ground; and in its legal and generally accepted meaning, in reference to a railway, it is a mere easement in the lands of others, obtained by lawful condemnation to public use or by purchase. It would be using the term in an unusual sense, by applying it to an absolute purchase of the fee-simple of lands to be used for a railway or any other kind of a way. Williams v. Western Union Ry. Co., 50 Wis. 76, 5 N. W. 482. And see Kripp v. Curtis, 71 Cal. 62, 11 Pac. 879; Johnson v. Lewis, 47 Ark. 60. 2 S. W. 329; Bodfish v. Rodlish, 105 Mass. 317; New Mexico v. United States Trust Co., 172 U. S. 171, 19 Sup. Ct. 128. 43 L. Ed. 407; Stuyvesant v. Woodruff, 21 N. J. Law, 130, 57 Am. Dec. 156.
What is RIGHT OF WAY?
Featuring Black’s Law Dictionary
Nothing implied or stated on this page should be construed to be legal, tax, or professional advice. The Law Dictionary is not a law firm and this page should not be interpreted as creating an attorney-client or legal adviser relationship. For questions regarding your specific situation, please consult a qualified attorney.
- Is Giuliani Facing Being Disbarred?
- Biden’s Newly-Threatened Impeachment… Wait, What?
- Trump Refusing To Pay Lawyer Rudy Giuliani
- Trump Is – Officially – The First President To Be Impeached Twice
- Trump Plans To Run 2024, But Can He Pardon Himself?
- Will Trump Get Indicted Or Impeached (Round 2)
- What Happened At Capitol Hill: A Blow-By-Blow
- Why People Marched On Capitol Hill: A Blow-By-Blow
- Suing Your Landlord: How, When, Why, & Should You Bother?
- Drug Decriminalization Laws Setup For Rehaul Throughout US
- Best Way to Find Someone in Jail for Free
- What Is A Police Welfare Check?
- How Do You Look up License Plate Numbers?
- Best Way To Run A Free Arrest Warrant Check
- Signing a Letter on Someone Else’s Behalf
- Best Way to Write a Professional Letter to a Judge
- How To Find A Name & Address Using A License Plate Number
- How To Find An Inmate’s Release Date
- How to Transfer a Car Title When The Owner Is Deceased
- What Rights Do Convicted Felons Lose?