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Legal Definitions - way

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Definition of way

Definition: A passage or path. A right to travel over another's property. An interest in land owned by another person, consisting in the right to use or control the land, or an area above or below it, for a specific limited purpose.

Examples: A private way is the right to pass over another's land. An access easement is an easement allowing one or more persons to travel across another's land to get to a nearby location, such as a road. A light-and-air easement is a negative easement preventing an adjoining landowner from constructing a building that would prevent light or air from reaching the dominant estate.

Explanation: A way is a right to travel over another's property. It can be a private way or an access easement. An easement is an interest in land owned by another person, consisting in the right to use or control the land, or an area above or below it, for a specific limited purpose. A light-and-air easement is an example of a negative easement that prohibits the servient-estate owner from doing something, such as building an obstruction.

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Simple Definition

A way is a path or passage that allows someone to travel over another person's property. It can be a private way, which is the right to pass over someone else's land, or a way of necessity, which is created by law to allow access to nearby property. An easement is a type of way that gives someone the right to use or control another person's land for a specific purpose, like crossing it to get to a public road. There are different types of easements, like affirmative easements that force the landowner to permit certain actions, or negative easements that prohibit the landowner from doing something. Easements can be created by law or by agreement between the parties involved.

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