THE EIGHT OF WAY. 137 



in several modes. First, it may be acquired hy express grant. 

 Second, by presumed grant, or prescription. Tliird, by im- 

 plied grant, or necessity. Fourth, by statute. All "rights 

 of way " claimed under, or by virtue of an " express grant," 

 are restricted to the terms of the grant, strictly. 



And if the grant be for a particular purpose, or to a partic- 

 ular close, the person to whom the way is granted will have 

 no right to use it for any other purpose, or to go to another 

 close than the one specified. And it has been held that a 

 grant of a way to " cross a lot of land " does not authorize the 

 grantee to enter at one place, go partly across, and then come 

 out at another place on the same side of the lot, and oral evi- 

 dence will not be alloAved.to show the parties thus intended 

 it; the words "to cross," used in the grant, having a well- 

 settled and definite meaning, no evidence can be permitted to 

 change it. 



It was formerly held that if a grant oif way is designated 

 between certain termini, the grantee woidd have no right to 

 deviate at all from the course desiguated, although the way 

 become impassable, no matter from what cause ; but it is now 

 held that although a way may be specifically defiued, and the 

 termini marked out or fixed, yet if the owner of the land over 

 which the way is granted in any way obstruct it, or render it 

 impassable, a new way may be used over the adjoining land, 

 doing no unnecessary damage. 



Where a "right of way," generally, is granted, without de- 

 termining its location, when the way is once elected it cannot 

 be changed without the consent of all parties. Where the 

 grant is of a reasonable way, what this means is to be deter- 

 mined by a jury. 



But the owner of the soil has all the rights and benefits 

 of ownership consistent with the easement. All which the 

 person having the easement can lawfully claim is the use of 

 the surface for passing. and repassing, with a right to enter 

 upon and prepare it for that use, by levelling, gravelling, 

 ploughing and paving, according to the nature of the way 

 granted. 



And it has been held that if the grantor of a lot of land 

 reserves " the right to pass and repass over the granted prem- 

 ises for the purpose of repairing his building," on an adjoining 



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