way

A passage, path, road, or street. In a technical sense, a right of passage over land.

See also easement

@ private way

A right which a person has of passing over the land of another. In another sense (chiefly in New England) a private way is one laid out by the local public authorities for the accommodation of individuals and wholly or chiefly at their expense, but not restricted to their exclusive use, being subject, like highways, to the public easement of passage.

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- right of way.

@ way of necessity

Exists where land granted is completely environed by land of .the grantor, or partially by his land and the land of strangers. Cole v. Wanamaker, 296 A.2d 329, 332.

The law implies from these facts that a private right of way over the grantor's land was granted to the grantee as appurtenant to the estate. It is not merely one of convenience, and never exists where person may reach highway over his own land. And it cannot legally exist where neither the party claiming the way nor owner of land over which it is claimed, nor anyone under whom either of them claim, was ever seized of both tracts of land at same time. It is not based on continuous adverse user, but arises by implication of law from necessities of case, and ceases when necessity therefor ceases. The extent of a "way of necessity" is a way such as is required for complete and beneficial use of land to which the way is impliedly attached. New York Cent. R. Co. v. Yarian, 219 Ind. 477, 39 N.E.2d 604, 606

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