Fisher v. Fair

Citations

• 34 S.C. 203
• 13 S.E. 470
• 1891 S.C. LEXIS 51

Syllabus

<p>1. A Right or Way which has neither of its termini on the premises of the grantee, and is not essentially necessary to the enjoyment of his premises is not appurtenant, but a mere right of way in gross, which is personal to the grantee, and cannot be by him transferred, notwithstanding the grant is to him for value, and to his heirs and assigns forever.</p> <p>2. Ibid. — Power of Attorney. — Where the grantee of a right of way-in gross, his heirs and assigns, has been invested with the power of granting the use of this right of way to the owner of an adjoining lot of land, it may be that this grantee's conveyance of his own land would carry with it the right to grant such use ; but such power not being coupled with an interest, it cannot be exercised after the donor of the power is dead, or has parted with his interest in the soil.</p> <p>3. Questions on Appeal. — Matters not considered on Circuit nor brought up by exceptions, are not properly before this court for consideration.</p>