Lanier v. Booth

Citations

• 50 Miss. 410

Syllabus

<p>1. Chancery Court — Injunction — Bight of Way — Easement. — A right of way is the privilege which an individual or particular description of individuals have of going over another’s grant. It is an incorporeal hereditament of a real nature, entirely different from a common highway. It may be either a right in gross, which is purely a personal right incommunicable to another, or a right appendant or annexed to an estate, and which may pass by assignment with the estate to which it is appurtenant.</p> <p>3. Same — Same — Modes of Acquiring Easement. — There are three modes in which easements may he acquired, namely, by express grant, implied grant, and prescription, which presupposes a grant to have existed. The existence of the grant may be established by the production of a deed expressly declaring it, or may be inferred by construction from the terms of an existing deed, or evidence of the grant may be derived from its having been so long enjoyed as to be regarded as proof that a grant was originally made, though no deed is produced which contains it.</p> <p>3. Same — Same — Mode of Creating an Easement. — An easement may be created, or reserved by an implied grant, when its existence is necessary to the enjoyment of that which is expressly granted or reserved, upon the principle that where one grants anything to another, he thereby grants him the means of enjoying it, whether expressed or not: thus, if A. sells to B. a parcel of land, surrounded by other lands, and there is no access to the granted premises, hut over his own, he gives the purchaser a right of way, by implication, over his own land to that which he has granted.</p> <p>4 Same — Same — Right oe Wat by Prescription— Length oe Time Required. — Originally tlie time required for gaining a right of way by prescription, began from some time anterior to the memory of man; this was fixed at the commencement of the reign of Richard I. This was open to be rebutted by proof, and to avoid it, the courts adopt