Wills v. Reed

Citations

• 86 Miss. 446

Syllabus

<p>1. Peivate Eoad. 'Neighborhood, road. Use by public.</p> <p>A neighborhood road, however long it may have been used by the public, does not become a highway, in the absence of an assertion by the public of a right and of all supervision of it by the county road authorities.</p> <p>2. Same. Easement by prescription.</p> <p>The owner of land cannot claim an easement by prescription in a neighborhood road over an adjoining tract where his actions have been inconsistent with a hostile, adverse claim thereto on his part. If he has attempted to acquire a private way along the road by contract, and, while making repairs on the road for his own convenience, changed its route to suit existing conditions, and has not given any notice of his asserted right to any one, his claim will he unavailing.</p> <p>3. Same. Right of way of necessity.</p> <p>A purchaser of land, generally, does not acquire a way of necessity where the land purchased is not surrounded by other lands of the grantor, however greatly-he would be convenieneed by so doing; especially is this true where there are highways by which he has ready and convenient ingress and egress to and from the land purchased.</p> <p>4. Same. Bona fide purchaser.</p> <p>Purchasers of land, who have no notice, actual or constructive, of a claim of a prior purchaser under an unrecorded bond for title to a way over the land purchased by them, and whose deeds are executed and recorded before the deed to the prior purchaser, acquire absolute title to the land purchased by them, unincumbered by an alleged way of necessity for the benefit of the prior purchaser.</p> <p>5. Private Eight of Way. How obtained. Code 1892, $ 3901. Constitution 1890, sec. 110.</p> <p>A person having the right to procure passage through the lands of another can enforce that right by a proceeding to have a private right of way established, under Code 1892, § 3901 (enacted in pursuance of Constitution 1890, see. 110), authorizing the establishment of a private