right of way by necessity

right of way by necessity
A right of way founded upon an implied grant or implied reservation, the implication arising from the necessity of a way for use of premises granted or premises retained by the grantor. 25 Am J2d Ease § 34.

Ballentine's law dictionary. . 1998.

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  • way of necessity — a right of way that arises from necessity (as when one buys land accessible only over other lands of the vendor) and terminates when the necessity ceases …   Useful english dictionary

  • necessity — Controlling force; irresistible compulsion; a power or impulse so great that it admits no choice of conduct. That which makes the contrary of a thing impossible. The quality or state of being necessary, in its primary sense signifying that which… …   Black's law dictionary

  • necessity — Controlling force; irresistible compulsion; a power or impulse so great that it admits no choice of conduct. That which makes the contrary of a thing impossible. The quality or state of being necessary, in its primary sense signifying that which… …   Black's law dictionary

  • way — I (channel) noun alley, artery, avenue, custom, direction, lane, mode, path, pathway, plan, road, roadway, route, throughway II (manner) noun behavior, fashion, habit, means, progression, ritual associated concepts: way appurtenant, way by… …   Law dictionary

  • 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… …   Black's law dictionary

  • Necessity in English law — For the discussion on general principles and policy, see necessity In English law, the defence of necessity recognises that there may be situations of such overwhelming urgency that a person must be allowed to respond by breaking the law. There… …   Wikipedia

  • Necessity (tort) — Tort law Part of the …   Wikipedia

  • Right of self-defense — This article and defense of property deal with the legal concept of justified acts that might otherwise be illegal. For the general act of protecting one s person from attack, see Self defense. For the 1983 Canadian action thriller film, see Self …   Wikipedia

  • necessity — ne|ces|si|ty [ nə sesəti ] noun ** 1. ) uncount a process, thing, or action that is needed in a situation: necessity for: the necessity for a strong diplomatic effort necessity of (doing) something: doubts about the necessity of the war out of… …   Usage of the words and phrases in modern English

  • private way — A road or way intended for the exclusive use and benefit of one or more particular persons. 25 Am J1st High § 4. A means of passage for one or more individuals from some place to some other place. Seery v Waterbury, 82 Conn 567, 74 A 908. A way… …   Ballentine's law dictionary

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