Bonelli Bros. v. Blakemore

Citations

• 66 Miss. 136

Syllabus

<p>1. Easement. Statute of frauds.</p> <p>A right of way is an interest in lands, and a grant by parol is obnoxious to the statute of frauds. This is unlike a dedication of public ways, which is not required to be in writing.</p> <p>2. Right of Way — by Pbesobiption.</p> <p>To support a claim of a right of way'by prescription, the proof must show an uninterrupted exercise for a period of ten years, this being the time limited by statute in this state for bringing suits to recover land.</p> <p>3. Effect of Wobd, “ Appubtenances.”</p> <p>An owner of adjacent lots who exercises the right of passing over one in the use of the other has no easement in the former which is appurtenant to the latter; hence, in a conveyance of the last-mentioned lot, a right of way across the other does not pass by the use of the term “ appurtenances ” in describing the land.</p> <p>4. Easement of Necessity. Implied, grant.</p> <p>If one sells land surrounded by other land of the grantor, a right of way across such other land as a necessity is implied from the grant. So, if land is conveyed by designation merely, as “ Black-acre,” or a “ mill,” other land not covered by the curtilage or building that by its use has become essential to the enjoyment passes, not strictly by implied grant, but as a part of the thing granted.</p> <p>■5. Same. Continuous and non-continuous easement.</p> <p>An easement not of strict necessity does not pass by implied grant, unless it be apparently permanent, obvious, and continuous. A continuous easement is one which may be enjoyed without any act of man, as a water spout which discharges water whenever it rains. A non-continuous easement is one to the enjoyment of which the act of the party is essential, as a way.</p> <p>6. Same. Case in judgment.</p> <p>In this case, although the common owner in the use of one lot exercised his right of ownership in passing across the adjoining one, yet under a conveyance of the first-mentioned lot, a right of way in favor of th